Safety Firm Loses Fourth Circuit Appeal of Labor Board Ruling

The National Labor Relations Board had sufficient evidence to find that a security company illegally terminated a firearms instructor for raising health and safety complaints, a federal appeals court ruled.

The US Court of Appeals for the Fourth Circuit Monday rejected Constellis Inc.’s contention that the instructor qualified as a manager who would fall outside of federal labor law’s shield against being fired for actions taken for the mutual aid and protection of coworkers.

The decision marks the first time the Fourth Circuit interpreted the National Labor Relations Act’s managerial exception, which doesn’t appear in the statute and was instead ...