United States Fourth Circuit

A finding by the National Labor Relations Board (Board) that employer violated section 8(a)(1) of the National Labor Relations Act is affirmed where: 1) substantial evidence support the Board's decision that the employer's statements at the meeting constituted a section 8(a)(1) violation; and 2) the Board's decision that a discharged employee was engaged in protected, concerted activity on a particular day was a reasonable one.

Appellate Information

• Argued 10/28/2009
• Decided 01/15/2010
• Published 01/15/2010

Judges

• Before TRAXLER, Chief Judge, and DUNCAN and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:Charles F. Thompson, Jr., Malone, Thompson & Summers, LLC, Columbia, South Carolina, for Alton H. Piester, LLC. Milakshmi V. Rajapakse, National Labor Relations Board, Washington, D.C., for the Board. ON BRIEF:Michael D. Malone, Columbia, South Carolina, for Alton H. Piester, LLC. Meredith L. Jason, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, National Labor Relations Board, Washington, D.C., for the Board.