Kiewit Power Constructors Co. v. Nat'l Labor Relations Board, No. 10-1289 (D.C. Cir. 2011)
Annotate this CaseWhen 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 of speech made in the course of a protected labor dispute. The court held that because the NLRB's finding were supported by substantial evidence, the court denied Kiewit's petition for review and granted the cross-application for enforcement.
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