Constellium Rolled Products Ravenswood, LLC v. NLRB

Summary

The D.C. Circuit enforced an NLRB order holding that Constellium violated NLRA Sections 8(a)(1) and (3) by terminating an employee for writing “whore board” on overtime sign-up sheets during a protected union protest. The court upheld the Board’s use of the Wright Line framework to balance NLRA rights against employer antidiscrimination obligations, finding substantial evidence of anti-union animus through disparate treatment—the employer tolerated widespread use of the same vulgar term but disciplined only the protesting employee. The employer failed to prove it would have taken the same action absent protected activity, as its anti-harassment policies were inconsistently enforced. The dissent argued the employer had a legitimate business reason based on a prior sexual harassment verdict.

Holdings

1. Yes, the General Counsel made a prima facie showing because Williams engaged in protected Section 7 activity (law of the case), Constellium knew of that activity, and there was circumstantial evidence of animus through disparate treatment.
2. No, Constellium failed to meet its rebuttal burden because it did not enforce its anti-harassment policies consistently and tolerated similar conduct by other employees.
3. No, the Board properly balanced the NLRA and antidiscrimination laws by using the Wright Line framework, which allows employers to prove discipline was motivated by compliance with those laws.

Questions Presented

1. Whether the General Counsel established a prima facie case under the Wright Line framework that Constellium terminated Williams because of his protected Section 7 activity.
2. Whether Constellium proved that it would have terminated Williams even in the absence of his protected activity.
3. Whether the Board's decision properly reconciled the NLRA with employers' obligations under antidiscrimination laws.

Disposition

enforced