DC Circ. Says Manager Can Badmouth Union For PTO Mix-Up

Law360 (June 1, 2021, 5:57 PM EDT) -- The D.C. Circuit held Tuesday that a manager blaming a union for a food service worker's confusing paid leave calculation is not sanctionable because the statements were unattached to threats or promises, overriding a split National Labor Relations Board ruling.

In a published opinion authored by Senior Circuit Judge Arthur Raymond Randolph, a court panel granted a petition for review by Trinity Service Group Inc. and denied the NLRB's cross-application for enforcement.

The panel said the accuracy of the manager's comments remains unclear, but that even false statements from management about a union are not actionable unless underlined with threats or...

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