United States Fourth Circuit

Plaintiff-employer did not commit an unfair labor practice when it fired one of its employees since, given the employee's record of carelessness, it sufficiently established that it had a legitimate business interest in the employee's termination.

Appellate Information

• Argued 02/04/2005
• Decided 06/24/2005
• Published 06/24/2005

Judges

• Before WILKINSON and WILLIAMS, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  James Michael Walters, Atlanta, Georgia, for TNT Logistics of North America, Incorporated.  Elizabeth Ann Heaney, National Labor Relations Board, Washington, D.C., for the Board.   ON BRIEF:  Rhonda R. Wilcox, Fisher & Phillips, Atlanta, Georgia, for TNT Logistics of North America, Incorporated.  Arthur F. Rosenfeld, General, John E. Higgins, Jr., Deputy General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Julie B. Broido, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for the Board.