BANNER HEALTH SYSTEM v. N.L.R.B.

No. 15-1245 Consolidated with 15-1309.

851 F.3d 35 (2017)

BANNER HEALTH SYSTEM, doing business as Banner Estrella Medical Center, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 2017.


Attorney(s) appearing for the Case

Mark G. Kisicki argued the cause for petitioner. With him on the briefs was Elizabeth M. Townsend , Phoenix, AZ.

Maurice Baskin and Elizabeth Parry , Walnut Creek, CA, were on the joint brief for amici curiae for American Hotel & Lodging Association, et al. in support of petitioner.

Allyson N. Ho , Dallas, TX, John C. Sullivan , and Judd E. Stone , Washington, DC, were on the brief for amicus curiae Association of Corporate Counsel in support of petitioner.

Joel A. Heller , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Usha Dheenan , Supervisory Attorney.

Before: Pillard, Circuit Judge, and Edwards and Silberman, Senior Circuit Judges.


This case requires us to decide whether an employer's effort to keep certain information confidential ran afoul of its employees' established rights under federal labor law to share employment-related information with one another in an effort to improve their lot. The National Labor Relations Board concluded that petitioner...

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