No. 07-1439, 07-1502. Argued November 17, 2008. Decided June 30, 2009. John H. Douglas argued the cause and filed the briefs for petitioner. Amy H. Ginn, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Jill A. Griffin, Supervisory Attorney. Meredith L. Jason and Jason Walta, Attorneys, entered appearances. Before: