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KIEWIT POWER CONSTRUCTORS CO. v. N.L.R.B.

Nos. 10-1289, 10-1312.

652 F.3d 22 (2011)

KIEWIT POWER CONSTRUCTORS CO., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2011.

Attorney(s) appearing for the Case

Charles P. Roberts, III argued the cause for petitioner. With him on the briefs was Kimberly F. Seten.

Renee D. McKinney, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Jill A. Griffin, Supervisory Attorney. Usha Dheenan and Fred B. Jacob, Attorneys, entered appearances.

Dissenting opinion filed by Circuit Judge HENDERSON.

GRIFFITH, Circuit Judge:

When the Kiewit Power Constructors Company warned its electricians that their morning and afternoon breaks were too long, two of them responded that things would "get ugly" if they were disciplined, and one said that the supervisor had "better bring [his] boxing gloves." Each was fired. The National Labor Relations Board (NLRB) reinstated both workers, finding that in context their statements were not physical threats, but were merely figures...

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