United States Court of Appeals for the Seventh Circuit · 2019-08-09
29usc158: author: Astra4 · not independently reviewed
Case and law context
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; claim: (a)
Uncertainty
None recorded
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.
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.
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 17
| Case | Covered employer | Covered employee and applicable retained status | Section 7 protected rights | Interference, restraint or coercion | Noncoercive expression under §8(c) | Narrow insignia-restriction justification |
|---|---|---|---|---|---|---|
| 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 (29usc158: author: Astra4 · not independently reviewed) | · not addressed | · not addressed | ○ not reached · basis not recordedNot counted: applied/procedural | · not addressed | · not addressed | · not addressed |
Elements 7–12 of 17
| Case | Domination, interference or support of a labor organization | Working-hours conference proviso | Conditional building-and-construction agreement allowance | Employment discrimination | Union-related discriminatory motivation | Same action absent unlawful motive |
|---|---|---|---|---|---|---|
| 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 (29usc158: author: Astra4 · not independently reviewed) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 13–17 of 17
| Case | Conditional union-security proviso | Filed charges or given testimony | Discharge or other discrimination for Board participation | Employees collective-bargaining representative | Alternative breaches of applicable collective-bargaining duties |
|---|---|---|---|---|---|
| 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 (29usc158: author: Astra4 · not independently reviewed) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| 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 — not reached (29usc158: author: Astra4 · not independently reviewed) | Section 7 protected rights | not_reached Excluded from merits counts applied / procedural claim: (a); theory: unpreserved per-se-highway-rule objection; subject: theory=unpreserved per-se-highway-rule objection The unpreserved per-se-rule argument is a separate procedural ruling, not another merits finding that strike activity lacks protection. | Unspecified route | 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.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [5211:5397] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66. |
| 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 — not · law (29usc158: author: Astra4 · not independently reviewed) | Section 7 protected rights | not Counted merits instance applied / merits basis: law; claim: (a); party: Hudson; subject: party=Hudson 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. | strike-conduct/dangerous-highway-obstruction | Hudson, who had worked for Consolidated for 39 years, was a Union member and participated in the strike.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [733:837] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66.Before it could pass Hudson, she changed lanes and intentionally blocked the Consolidated truck from passing.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [1884:1993] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66.The entire incident took place at highway speeds.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [2170:2219] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66.Here, the conduct may be less severe, but it is still sufficient to forfeit the Act's protection.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [7766:7863] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66.Because the Board based their decision on substantial evidence and a reasonable application of the law, we AFFIRM.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [9070:9184] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66. |