According to Dhillon:
The National Labor Relations Act has a limited scope. What is covered there was a concept called Protected Concerted Activity. In our lawsuit we talk about equal employment norms not covered by the National Labor Relations Act. Longstanding precedent in the National Labor Relations Act is that conduct like James’ was protected. At a regional level in San Francisco area, the National Labor Relations Board decided to who have forward with James’s case. We had one lawyer in the National Labor Relations Board who wrote this memo, it is an advice memo, not a ruling, there was no evidence taken, there was in hearing, nobody was sworn. It’s interesting they released the thing month after they wrote it. It was odd and gratuitous for them to do that. James doesn’t have a case in front of the National Labor Relations Board anymore. We withdrew that charge and focused on the class action lawsuit. Google didn’t lobby them to restrict worker rights.