NLRB Cannot Infer Unlawful Motive, Reinstate Cut Throat Gesturer: Eighth Circuit | Practical Law
In Nichols Aluminum LCC v. NLRB, the US Court of Appeals for the Eighth Circuit denied enforcement of an order by the National Labor Relations Board (NLRB) requiring an employer to reinstate an employee who made a cut-throat gesture to his co-worker who declined to join an earlier strike. The NLRB misapplied its Wright Line analysis when it found the gesturing employee's discharge was unlawfully motivated.