Third Cir. Upholds Expanded View of Protected Labor Acts (1)

The National Labor Relations Board must reconsider a ruling against a plastics manufacturer that fired a worker raising concerns about Covid-19 safety protocols after a federal appeals court said it failed to consider the company’s arguments.

The US Court of Appeals for the Third Circuit stood by portions of the NLRB’s 2023 decision against Miller Plastics Products Inc. Monday that reversed a Trump-era precedent around what counts as protected concerted activity—one of the core safeguards in the National Labor Relations Act.

But the court said that the board failed to consider the employer’s arguments that it would have fired the ...