Spurlino Materials v. NLRB, No. 12-1034 (D.C. Cir. 2015)
Annotate this CasePetitioner seeks review of the Board's conclusion that petitioner's refusal to reinstate the striking workers was itself an unfair labor practice and order of reinstatement. The court denied the petition and granted the Board's cross-application for enforcement, concluding that the Board’s categorization of the strike as an unfair labor practice strike is supported by substantial evidence showing that at least part of the employees’ motive to strike was petitioner’s unlawful refusal to reinstate an employee who had been unlawfully discharged. The court also concluded that the Board was reasonable in concluding that the employees’ respect for a prior contractual agreement did not convert their otherwise lawful strike into an unprotected partial strike, and ample evidence supports the Board's conclusion that the labor relations of two entities, SM and SMI, were centrally controlled.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.