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BCLP Senior Counsel Jerry Hunter was quoted Nov. 9 by Law360 concerning The Federalist's challenge to a National Labor Relations Board (NLRB) ruling that the online magazine's publisher violated federal labor law by threatening on Twitter to punish workers should they unionize. The jurisdictional challenge is The Federalist's strongest argument, Hunter noted. Even then, it runs up against long-standing NLRB rules holding that prosecutors can act on charges filed by "any person,” he noted. "It was sort of a joke at the board that somebody walking down the street could come in and file a charge, but that rarely if ever happens," Hunter recalled, adding that "99.9999%" of charges the board fields are filed by employers, workers, unions or their legal representatives. Hunter is a former NLRB general counsel who served during the administration of President George H.W. Bush.

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