Source: cases/29usc158/f3d-934-0590-local702.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_934/0590_01/index.html
Here, the conduct may be less severe, but it is still sufficient to forfeit the Act's protection.
Because the Board based their decision on substantial evidence and a reasonable application of the law, we AFFIRM.
While we do not agree with this characterization of the Board's decision, the Union failed to raise it before the Board; therefore, we are jurisdictionally precluded from considering it.
casedsl 1 case /f3d/934/0590-01 name Local 702, Int'l Bhd. of Elec. Workers v. Nat'l Labor Relations Bd. cite 934 F.3d 590 (2019) court United States Court of Appeals for the Seventh Circuit date 2019-08-09 url catalog/cases/f3d/volume_934/0590_01/index.html source ir/caselaw/f3d_934.jsonl sha1=008c6c21c621ee1db0d8931dcac0d783791e70e9 chars=9184 law 29usc158 (a) role applied posture Review of Board supplemental decision after D.C. Circuit remand; Board dismissed the discriminatory-discharge complaint for strike misconduct. result claimant-lost element protected-right : not-satisfied [law] scope merits variant strike-conduct/dangerous-highway-obstruction party Hudson fact @733..837 [supports] | Hudson, who had worked for Consolidated for 39 years, was a Union member and participated in the strike. fact @1884..1993 [cuts-against] | Before it could pass Hudson, she changed lanes and intentionally blocked the Consolidated truck from passing. fact @2170..2219 [cuts-against] | The entire incident took place at highway speeds. held @7766..7863 | Here, the conduct may be less severe, but it is still sufficient to forfeit the Act's protection. held @9070..9184 | Because the Board based their decision on substantial evidence and a reasonable application of the law, we AFFIRM. gloss The court accepts the loss-of-protection determination on these facts. Participation in a strike does not make every associated act protected; no universal highway-conduct rule is inferred. element protected-right : not-reached scope procedural theory unpreserved per-se-highway-rule objection held @5211..5397 | While we do not agree with this characterization of the Board's decision, the Union failed to raise it before the Board; therefore, we are jurisdictionally precluded from considering it. gloss The unpreserved per-se-rule argument is a separate procedural ruling, not another merits finding that strike activity lacks protection. misfit The final Board order reverses an earlier favorable administrative decision after another circuit’s remand. Earlier protected-conduct findings must not be counted as the final court’s holding. misfit Result is from the perspective of the General Counsel or charging party asserting the employer unfair labor practice, not from the employer-petitioner’s appellate position.