Constellium Rolled Products Ravenswood, LLC v. NLRB, No. 18-1300 (D.C. Cir. 2019)Annotate this Case
The DC Circuit granted Constellium's petition for review of the Board's decision determining that the company violated sections 8(a)(1) and (3) of the National Labor Relations Act (NLRA) by suspending and discharging an employee. The court held that, although the Board's decision was based upon substantial evidence and did not impermissibly depart from precedent without explanation, the Board failed to address the potential conflict between its interpretation of the NLRA and Constellium's obligations under state and federal equal employment opportunity laws. In this case, the arguments advanced by Constellium in its Answering Brief and reprised in its motion for reconsideration were sufficiently specific to apprise the Board that the issue might be pursued on appeal. Because the Board offered no argument on the merits of this point, remand was necessary for the agency to address the issue in the first instance.