United States Second Circuit

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NLRB v. Pier Sixty, LLC, 15‐1841

In petition for enforcement of an order of the National Labor Relations Board (NLRB) and an employer's cross‐petition, the NLRB's decision is affirmed where: 1) employer has not shown the existence of an 'extraordinary circumstance' that requires us to waive the ordinary rule against considering arguments not presented to the Board as required by 29 U.S.C. section 160(e); and 2) employer violated Sections 8(a)(1) and 8(a)(3) by discharging the employee since employee's conduct was not so 'opprobrious' as to lose the protection of the NLRA.

Appellate Information

  • Decided
  • Published 2017/04/21




  • United States Second Circuit


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