United States Fourth Circuit

Where a supervisor's statements show that the basic decision to assign swing shifts to mechanics without regard to seniority was motivated by anti-union animus, the NLRB correctly found that the employer's actions constituted retaliation and punishment for the employees' exercise of their rights under the NLRA.

Appellate Information

• Argued 11/02/2001
• Decided 02/22/2002
• Published 02/22/2002

Judges

• Before MICHAEL, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Michael J. Bobroff, Bobroff, Hesse, Lindmark & Martone, P.C., St. Louis, Missouri, for RGC. Jeffrey Michael Hirsch, National Labor Relations Board, Washington, D.C., for Board.   ON BRIEF:  John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Sharon I. Block, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Board.  Mary Jill Hanson, Hanson, Perry & Jensen, P.A., West Palm Beach, Florida, for Machinists.