Labor Board’s Decision Against Recycler Withstands Court Appeal

The National Labor Relations Board had enough evidence to hold that a metal recycler violated federal labor law by reducing newly unionized employees’ hours immediately after the union election result was announced, a federal appeals court ruled.

The NLRB reasonably found that United Scrap Metal PA LLC’s justifications for eliminating overtime and Saturday shifts—primarily the economic impact of Covid-19—were not credible, the US Court of Appeals for the Third Circuit said in its Monday decision.

The company refrained from cutting overtime for most of the pandemic, but then rolled it back an hour after the announcement that workers had ...