BE&K Construction Co. v. National Labor Relations Board

534 U.S. 1074, 122 S. Ct. 803, 151 L. Ed. 2d 689, 70 U.S.L.W. 3426, 2002 Cal. Daily Op. Serv. 154, 2002 U.S. LEXIS 6

Opinion

C. A. 6th Cir. Certiorari granted limited to the following question: “Did the Court of Appeals.err in holding that under Bill Johnson’s Restaurants, Inc. v. NLRB, 461 U. S. 731 (1983), the NLRB may impose liability on an employer for filing a losing retaliatory lawsuit, even if the employer could show the suit was not objectively baseless under Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49 (1993)?”