Venable Wins Eighth Circuit Appeal to Overturn NLRB Decision for Government Contract Client

1 min

The Venable team of James Y. Boland, Karel Mazanec, and Kyle T. McCollum obtained a recent victory on appeal before the Court of Appeals for the Eighth Circuit, securing a ruling that vacated an NLRB order finding that a government contractor client had terminated a group of employees in retaliation for their union activities. In a published opinion, the Eighth Circuit ruled in favor of Venable’s client on all issues, finding that the general counsel for the NLRB had failed to meet its burden of proof to demonstrate anti-union animus and a nexus between the terminations and the union activity. Rather than presenting any substantial evidence of union discrimination, the Eighth Circuit ruled that the NLRB improperly relied on speculation and unsupported inferences. (Strategic Technology Institute, Inc. v. National Labor Relations Board, Case Nos 22-2958, 22-3045, Dec. 6, 2023)