Legal Opinion · Concurring in part, dissenting in part
Alton H. Piester, LLC v. National Labor Relations Board
Court of Appeals for the Fourth Circuit
Decided January 15, 2010No. 09-1148, 09-1255Published
1Concurring in part, dissenting in partAgee, Circuit Judge
I concur with the majority opinion that Alton Piester’s comment to “clean out your truck” on January 13 constituted a violation of the National Labor Relations Act (NLRA) based on the standard of review applicable in this case. See Smithfield Packing Co. v. NLRB, 510 F.3d 507, 515 *342(4th Cir.2007) (“[W]e must defer to the Board where it has chosen ‘between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo.’ ”) (quoting Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951)).…
2Cases cited13 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Joanna Cotton Mills Co. v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1949
- Mushroom Transportation Company, Inc. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1964
- Dayton Typographic Service, Inc. v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1985
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