Cellco Partnership v. NLRB, No. 17-1158 (D.C. Cir. 2018)
Annotate this CaseThe DC Circuit granted Verizon's petition for review of the Board's decision affirming the ALJ's finding that Verizon’s discharge of an employee for lying during an investigation was a pretext to rid the company of a prominent union supporter. The court held that there was insufficient probative evidence to support a finding of anti-union animus. In this case, it was not unlawful for Verizon to consider the collateral consequences of its personnel decisions, and there was no evidence that the employee's union activity played a role in her termination. Furthermore, the court rejected the ALJ and Board's alternative finding that even if the employee did lie, it was within the context of an inquiry into protected activity, and therefore she was immune.
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