Kiewit Power Constructors Co. v. National Labor Relations Board
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge GRIFFITH.
Dissenting opinion filed by Circuit Judge HENDERSON.
GRIFFITH, Circuit Judge:
When the Kiewit Power Constructors Company warned its electricians that their morning and afternoon breaks were too long, two of them responded that things would “get ugly” if they were disciplined, and one said that the supervisor had “better bring [his] boxing gloves.” Each was fired. The National Labor Relations Board (NLRB) reinstated both workers, finding that in context their statements were not physical threats, but were merely figures of speech made in the…
2Cases cited12 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
- Adtranz ABB Daimler-Benz Transportation, N.A. v. National Labor RelationsCourt of Appeals for the D.C. Circuit · 2001
- National Labor Relations Board v. Ben Pekin CorporationCourt of Appeals for the Seventh Circuit · 1971
- Aroostook County Regional Ophthalmology Center v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1996
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- SSC Mystic Operating Co., LLC v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2015
- Contemporary Cars, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 2016
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