Utility Company Prevails in DC Circuit Appeal of NLRB Ruling (1)

April 28, 2026, 3:16 PM UTCUpdated: April 28, 2026, 4:16 PM UTC

A Texas utility firm legally fired a union worker for his testimony criticizing the company’s smart meters that report electricity usage during a 2012 hearing in the state legislature, a federal appeals court ruled.

The National Labor Relations Board misapplied its standard for determining whether a worker’s disparaging statements are protected by the National Labor Relations Act, the US Court of Appeals for the District of Columbia Circuit held Tuesday. The board wrongly found that Oncor Electric Delivery Co. unlawfully axed employee Bobby Reed.

“Oncor did not violate the NLRA by discharging Reed for his testimony because nothing in that ...

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