Miller Plastic Products Inc v. NLRB
Case Number:
23-2689
Court:
Nature of Suit:
Government Agencies
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June 23, 2025
3rd Circ. Remands NLRB Solo Protest Spat To Weigh Evidence
The Third Circuit on Monday backed the NLRB's findings that a lone fired worker's COVID-19 safety complaints were concerted activity under federal labor law, but remanded the case to the board in order to weigh evidence about whether the worker would have been fired regardless of whether he spoke up.
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September 19, 2024
3rd Circ. Curious When Workplace Acts Become 'Concerted'
Third Circuit judges pressed the National Labor Relations Board on Thursday to specify what elevated a Pennsylvania plastic company employee's complaints about working during COVID-19 closures into protected, "concerted" activities, if there was little evidence that other employees joined him in his concerns.
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September 04, 2024
NLRB Says Deference Not Needed In Solo Protest Case
The U.S. Supreme Court's recent decision abandoning its long-standing deference to administrative agencies should not affect the Third Circuit's review of a National Labor Relations Board order broadening when individual employees engage in protected actions, the agency argued in a brief to the appeals court.
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September 03, 2024
3rd Circ. Preview: Starbucks Firing, Liquor Law In September
Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.
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August 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
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April 22, 2024
NLRB Says 3rd Circ. Must Back Solo Action Precedent Shift
The National Labor Relations Board called on the Third Circuit on Monday to enforce an agency precedent shift over federal labor law protections for a single worker's actions on the job, arguing historical practice backs the board's analysis of concerted activity.
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January 09, 2024
Co. Appeals NLRB Standard On Individual Action To 3rd Circ.
A Pennsylvania plastics manufacturer challenged a National Labor Relations Board precedent shift that broadened protection for individual protests in the workplace, telling the Third Circuit that a conversation between a single fired worker and a company official wasn't protected activity.