U.S. Court of Appeals for the Ninth Circuit

Case Status


Oral Argument Date

April 11, 2018


Case Updates

Case dismissed due to settlement

August 02, 2018

Click here to view the order.

U.S. Chamber urges Ninth Circuit to reverse NLRB ruling on in-store protest

May 30, 2017

The U.S. Chamber urged the Ninth Circuit to reverse the NLRB’s ruling that Wal-Mart violated the National Labor Relations Act by disciplining employees involved in an in-store protest during customer service hours.

The Chamber’s amicus brief argues that the NLRB’s decision sets a dangerous precedent that seriously upsets the careful balance struck by federal labor law. Although employees have the right to strike, picket, and engage in demonstrations in a labor dispute, employers have the right to use their property to conduct their business and, in a retail environment, to serve their customers. Federal labor law strikes a fair, sensible balance by precluding in-store demonstrations that prevent the employer from conducting business and serving its customers. The NLRB’s decision upsets that balance and will lead to absurd results to the detriment of businesses and customers alike.

This brief was filed jointly with the American Hotel and Lodging Association, Coalition for a Democratic Workplace, International Council of Shopping Centers, International Franchise Association, National Federation of Independent Business, National Retail Federation, Restaurant Law Center, and Retail Litigation Center, Inc.

Allyson N. Ho, Jonathan C. Fritts, and Ryan T. Sears of Morgan, Lewis & Bockius LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents