Labor Board’s ‘Whore Board’ Graffiti Ruling Survives Review (1)

The NLRB had adequate justification to rule that an aluminum products maker violated federal labor law for firing a worker who wrote “whore board” on overtime sign-up sheets, a divided federal appeals court in Washington held.

The National Labor Relations Board’s decision against a Constellium NV subsidiary sufficiently addressed the conflict between Andrew Williams’s protections under the National Labor Relations Act and the company’s anti-discrimination obligations, the US Court of Appeals for the District of Columbia Circuit said in its 2-1 ruling Tuesday.

“Constellium could have avoided NLRA liability by showing that it had a history of enforcing laws and ...