5th Circuit: NLRB Erred Finding Lockout Was Caused By Anti-Union Animus

Mealey's (October 13, 2016, 7:51 AM EDT) -- NEW ORLEANS — The National Labor Relations Board erred when it determined that an employer that locked employees out following the end of a strike was motivated by anti-union animus based on the actions it took after the lockout ended, a Fifth Circuit U.S. Court of Appeals panel ruled Sept. 23, finding that most of the actions did not violate the National Labor Relations Act (NLRA) and that those actions that did were not caused by animus (Dresser-Rand Company v. National Labor Relations Board, No. 15-60474, 5th Cir.; 2016 U.S. App. LEXIS 17432)....