Latest Case: Constellium Rolled Products Ravenswood, LLC v. NLRB (Labor & Employment Law)

Man’s Best Captive

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers whether an explanation for the affection dogs express for their humans might be explained by the Stockholm Syndrome, the condition that afflicts many kidnapped people and other abuse victims in which they form an attachment, sometimes called a trauma bond, that manifests as seeking the abuser’s approval and craving closeness rather than trying to escape. Colb argues that even though pet owners might not intend abuse, the unpredictable repetition of house arrest and silent treatment, followed by intermittent returns, might amount to abuse in the minds of these animals we hold as pets.

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Constellium Rolled Products Ravenswood, LLC v. NLRB

Docket: 18-1300

Opinion Date: December 31, 2019

Judge: Douglas Howard Ginsburg

Areas of Law: Labor & Employment Law

The DC Circuit granted Constellium's petition for review of the Board's decision determining that the company violated sections 8(a)(1) and (3) of the National Labor Relations Act (NLRA) by suspending and discharging an employee. The court held that, although the Board's decision was based upon substantial evidence and did not impermissibly depart from precedent without explanation, the Board failed to address the potential conflict between its interpretation of the NLRA and Constellium's obligations under state and federal equal employment opportunity laws. In this case, the arguments advanced by Constellium in its Answering Brief and reprised in its motion for reconsideration were sufficiently specific to apprise the Board that the issue might be pursued on appeal. Because the Board offered no argument on the merits of this point, remand was necessary for the agency to address the issue in the first instance.