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CONSTELLIUM ROLLED PRODUCTS RAVENSWOOD v. NLRB

No. 21-1191 Consolidated with 21-1194.

45 F.4th 234 (2022)

CONSTELLIUM ROLLED PRODUCTS RAVENSWOOD, LLC, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial, and Service Workers International Union, Local 5668, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 2022.

Attorney(s) appearing for the Case

Michael E. Kenneally argued the cause for petitioner. With him on the brief was David R. Broderdorf.

Joel A. Heller , Attorney, National Labor Relations Board, argued the cause for respondent. On the brief were Jennifer A. Abruzzo , General Counsel, Ruth E. Burdick , Deputy Associate General Counsel, David Habenstreit , Assistant General Counsel, Julie Brock Broido , Supervisory Attorney, and Jared D. Cantor , Senior Attorney.

Nathan Kilbert argued the cause and filed the brief for intervenor in support of respondent.

Dissenting opinion filed by Senior Circuit Judge Sentelle.

In 2018, the National Labor Relations Board ("NLRB" or "Board") decided that Constellium Rolled Products had violated Sections 8(a)(1) and (3) of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 158(a)(1), (3), by suspending and terminating employee Andrew "Jack" Williams for offensive conduct done in the course...

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