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The US Court of Appeals for the D.C. Circuit has refused to enforce an NLRB ruling regarding an employer’s scope of rights to limit communication between union agents and employees. The NLRB recently ruled that Fred Meyer Stores Inc. violated the NLRA when it prevented union agents from communicating with employees about the status of contract negotiations at the employer’s site. Although Fred Meyer’s had agreed to let agents speak with employees briefly, a disagreement broke out shortly after their arrival, and several agents were arrested after refusing to leave the premises. The D.C. Circuit disagreed with the NLRB’s decision that this was unlawfully obstructing communication, and wrote in a strongly worded opinion that the ruling was arbitrary and capricious. The opinion also stated that the Board utilized facts that were unsupported by record, and concluded by remanding the case back to the NLRB for additional consideration.