NLRB Judge Must Weigh Pot Claims In MLB Stadium Firings

Law360 (January 6, 2020, 7:00 PM EST) -- A National Labor Relations Board panel has ruled that evidence of shoddy work and marijuana use should be considered in the case of painters who claim they were illegally fired by the St. Louis Cardinals for protected union activity.

The NLRB's decision Friday partially reversed an administrative law judge's finding that the team canned four painters because they filed an internal union complaint against their boss, Patrick Barrett. The panel found that the judge incorrectly neglected evidence that two of the painters did sloppy work and smoked marijuana during their lunch breaks.

"The judge's failure to address Barrett's serious concerns about...

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