Atlantic-Pacific Construction Co. v. National Labor Relations Board

Atlantic-Pacific Construction Company, Inc. (“Atlantic-Pacific”) petitions this court to review and set aside the decision and order of the National Labor Relations Board (“NLRB”) holding that Atlantic-Pacific violated Section 8(a)(1) of the National Labor Relations Act (“Act”), 29 U.S.C. § 158 (a)(1), when it fired Larry Davis for circulating a letter protesting the selection of a new manager. The NLRB cross-applied for enforcement of its order requiring, among other things, Atlantic-Pacific to reinstate Larry Davis to his former or an equivalent job. We deny Atlantie-Pacific’s petition and grant the NLRB’s petition that the order be enforced in full.

I. Law -and Background

Section 7 of the Act, 29 U.S.C. § 157 , guarantees employees “the right ... to engage in ... concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 8(a)(1) of the Act, 29 U.S.C. § 158 (a)(1), prohibits employers from firing an employee for engaging in concerted activity protected by Section 7.

The Act protects “employee protest regarding the selection or termination of a supervisor who has an impact on employee working conditions.... ” The Hoytuck Corp.,…