David Saxe Productions, LLC v. NLRB, No. 16-1315 (D.C. Cir. 2018)Annotate this Case
The Company petitioned for partial review of the Board's finding that it violated Section 8(a)(1) of the National Labor Relations Act. At issue was whether the Board's finding that a dancer was discharged for engaging in protected concerted activity was supported by substantial evidence in the record considered as a whole. The DC Circuit held that, based on the current record, how the Board reconciled its conclusion on pretext and the credibility finding was unclear. Accordingly, the court remanded for clarification by the Board of its treatment of the ALJ's credibility finding and the Company's evidence that the contract decisions were non-pretextual. The court otherwise denied the petition for review save for the issues the Board requested to be remanded.