Case: Labor Relations/Interference (4th Cir.)

The Fourth Circuit enforced the NLRB’s unfair labor practice finding that Constellis had unlawfully discharged an employee for engaging in protected concerted activity, in violation of the National Labor Relations Act. While Constellis argued that the employee in question was a supervisory, managerial employee and thereby excluded from the NLRA’s protection against retaliation, the board panel concluded that the evidence demonstrated that the employee was not managerial, and the court agreed.