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Justia Daily Opinion Summaries

US Court of Appeals for the District of Columbia Circuit
January 1, 2020

Table of Contents

Constellium Rolled Products Ravenswood, LLC v. NLRB

Labor & Employment Law

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US Court of Appeals for the District of Columbia Circuit Opinions

Constellium Rolled Products Ravenswood, LLC v. NLRB

Docket: 18-1300

Opinion Date: December 31, 2019

Judge: Douglas Howard Ginsburg

Areas of Law: Labor & Employment Law

The DC Circuit granted Constellium's petition for review of the Board's decision determining that the company violated sections 8(a)(1) and (3) of the National Labor Relations Act (NLRA) by suspending and discharging an employee. The court held that, although the Board's decision was based upon substantial evidence and did not impermissibly depart from precedent without explanation, the Board failed to address the potential conflict between its interpretation of the NLRA and Constellium's obligations under state and federal equal employment opportunity laws. In this case, the arguments advanced by Constellium in its Answering Brief and reprised in its motion for reconsideration were sufficiently specific to apprise the Board that the issue might be pursued on appeal. Because the Board offered no argument on the merits of this point, remand was necessary for the agency to address the issue in the first instance.

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