Cordua Restaurants, Inc. v. National Labor Relations Board, No. 19-60630 (5th Cir. 2021)Annotate this Case
The Fifth Circuit denied a petition for review of the BIA's order finding that the employer violated the National Labor Relations Act (NLRA) by firing an employee for engaging in activities protected under the Act.
The court held that the Board is entitled to summary enforcement of its order remedying the employer's Section 8(a)(1) violation with respect to the no-solicitation rule. The court also held that the employer waived issues related to the employee's engagement in protected activities and the Board's finding that management had knowledge of the employee's protected conduct. The court concluded that substantial evidence supports the Board's finding of animus, and substantial evidence supports the Board's finding that the employer's purported reasons for firing the employee were pretextual. Therefore, the employer has failed to establish that it would have fired the employee absent his engagement in protected conduct. Finally, the court upheld the Board's order directing the employer to offer the employee full reinstatement and backpay.