United States Second Circuit

In a case alleging various unfair labor practices on the part of an employer, its cross-petition for review of the NLRB's affirmance of an ALJ decision is granted insofar as the NLRB concluded that: 1) the employer's policy of allowing employees to wear only one union button violated section 8(a)(1) of the National Labor Relations Act; and 2) the discharge of two employees violated section 8(a)(3) of the Act, with remand necessary as to one employee for determination of whether an employee's outburst in which obscenities are used in the presence of customers loses otherwise available protection if the employee is off duty although on the employer’s premises.

Appellate Information

• Decided 05/10/2012
• Published 05/10/2012

Judges

• Jon O. Newman

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jeffrey W. Burritt, Patricia A. Millett