United States Fourth Circuit

In a petition for review of an NLRB decision that Petitioner-Employer wrongfully terminated an employee who denigrated his superior, the petition is granted, where the employee's outburst was in response to legal and accurate letters sent by his superior and thus was not protected conduct under the NLRA.

Appellate Information

• Decided 03/13/2009
• Published 03/13/2009

Judges

• Before KING and DUNCAN, Circuit Judges, and REBECCA BEACH SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Glenn Edward Plosa, Zinser Law Firm, P.C., Nashville, Tennessee, for Media General Operations, Incorporated, d/b/a The Tampa Tribune.  Fred B. Jacob, National Labor Relations Board, Washington, DC, for the National Labor Relations Board.   ON BRIEF:  L. Michael Zinser, Zinser Law Firm, P.C., Nashville, Tennessee, for Media General Operations, Incorporated, d/b/a The Tampa Tribune.  Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Jill A. Griffin, Supervisory Attorney, William M. Bernstein, Senior Attorney, National Labor Relations Board, Washington, DC, for the National Labor Relations Board.