Local 702, Int'l Bhd. of Elec. Workers v. Nat'l Labor Relations Bd.

934 F.3d 590 (2019) United States Court of Appeals for the Seventh Circuit 2019-08-09

Review of Board supplemental decision after D.C. Circuit remand; Board dismissed the discriminatory-discharge complaint for strike misconduct. (result: claimant-lost)

Facts

  1. 2 Section 7 protected rights not law
    Hudson, who had worked for Consolidated for 39 years, was a Union member and participated in the strike.
  2. 2 Section 7 protected rights not law
    Before it could pass Hudson, she changed lanes and intentionally blocked the Consolidated truck from passing.
  3. 2 Section 7 protected rights not law
    The entire incident took place at highway speeds.
  4. 2 Section 7 protected rights not law
    Here, the conduct may be less severe, but it is still sufficient to forfeit the Act's protection.
  5. 2 Section 7 protected rights not law
    Because the Board based their decision on substantial evidence and a reasonable application of the law, we AFFIRM.