St. Paul Park Refining Co., LLC v. NLRB

The Eighth Circuit denied the company's petitions for review and enforced the Board's order determining that the company unlawfully suspended an employee for engaging in protected concerted activity in violation of the National Labor Relations Act. The court held that there were multiple indications of discriminatory motive here where the company abruptly indicated its hostility to the employee's behavior by sending him home after his repeated refusal to work.The court also held that the burden shifted to the company to prove that it would have taken the same action absent the protected activity. In this case, the ALJ did not credit the company's allegation that the employee misbehaved and therefore did not credit its defense. In light of the circumstances, the court held that this case did not involve extraordinary circumstances justifying the reversal of the ALJ's credibility findings. Therefore, there was substantial evidence that the company committed a labor violation. Finally, the ALJ and Board did not err by denying the company's motions to reopen the record. View "St. Paul Park Refining Co., LLC v. NLRB" on Justia Law