United States Sixth Circuit

In an action against petitioner's employer alleging that it had discharged petitioner and thirty-one other striking employees in violation of Section 8(a)(1) of the National Labor Relations Act (NLRA), NLRB's ruling against petitioner reversing an ALJ's decision is affirmed where substantial evidence supported the NLRB's ruling as petitioner failed to demonstrate that employer condoned the unprotected activity of the striking employees and wrongfully terminated those employees in violation of of the Act.

Appellate Information

• Decided 11/07/2008
• Published 11/07/2008

Judges

• Before:  GIBBONS and McKEAGUE, Circuit Judges;  ADAMS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bryce W. Ashby, Donati Law Firm, Memphis, Tennessee, for Petitioner.  Gregory P. Lauro, National Labor Relations Board, Washington, D.C., for Respondent.   ON BRIEF:  Bryce W. Ashby, William B. Ryan, Donati Law Firm, Memphis, Tennessee, for Petitioner. Gregory P. Lauro, Julie B. Broido, National Labor Relations Board, Washington, D.C., for Respondent.