First Amendment Trumps NLRA; NLRA Does Not Protect Employees' Concerted Protests of Newspaper's Editorial Policies: DC Circuit | Practical Law
In Ampersand Publishing LLC v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that editorial policies are not "terms and conditions" of employment in which employees have a legitimate interest. Therefore employees were not protected from discharge under the National Labor Relations Act (NLRA) for engaging in concerted activity including union organizing to affect these policies.