In an action under the the National Labor Relations Act seeking an injunction to reinstate employees whom defendant-newspaper discharged for union activity directed at pressuring the newspaper's owner and publisher to refrain from exercising editorial control over news reporting, denial of a temporary injunction is affirmed where intervening to support the employees' effort to limit the control of the owner over its news pages necessarily posed some risk to that owner's First Amendment rights.
Argued and Submitted March 11, 2009
Filed January 26, 2010
Opinion by Judge Clifton
Dissent by Judge Hawkins
Ronald Meisburg, John E. Higgins, Jr., Barry J. Kearney, National Labor Relations Board, Washington, DC