Company
Constellium
17 published works
Pennsylvania Labor & Employment Blog
Federal Appeals Court Finds Vulgar Workplace Graffiti is Protected Activity (Sometimes)
No, your eyes aren’t playing tricks on you. You read that correctly. The U.S. Court of Appeals for the D.C. Circuit recently affirmed a ruling by the NLRB which found…
HR Defense
Profanity or Protected Speech
By Ryan Krone
Imagine this, an employee writes profanity ("whore board") on a company bulletin board, the employer terminates the employee for the profanity, and the National Labor Relations Board ("NLRB") holds that…
Global Workplace Insider
D.C. Circuit Draws Line Between Protected Labor Activities and Discipline-Worthy Employee Misconduct
Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of ……
The Bargaining Table
Unlawful Harassment or Protected Concerted Activity?
By Nailah Bowen
We’ve all heard before that consistency is the key to success.
Employer Law Report
When it comes to employee discipline, consistency is key
How Constellium should inform employers’ policies and practices Assume an employee writes the words “whore board” on company overtime sign-up sheets. Serious misconduct, right? In fact, the employer faced with…
Labor & Employment Insights
Did We Hear That Right? NLRB Holds Discipline for ‘Whore Board’ Graffiti Is Improper
By John W. Hargrove, Anne R. Yuengert
An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals.…
Labor Relations Update
D.C. Circuit Affirms NLRB Vulgar Graffiti Ruling
On August 9, 2022, the U.S. Court of Appeals for the District of Columbia held that the National Labor Relations Board (“NLRB”) had adequate justification to rule that an aluminum…
Ohio Employer Law Blog
Consistency matters when applying anti-harassment rules
Can an employer legally fire an employee who writes "whore board" on an overtime sign-up sheet? Let's explore. Following unsuccessful negotiations for a new union contract, Constellium unilaterally implemented a…
The Brand Protection Blog
Trademarks, Internet sales, and personal jurisdiction
By Susan Ross (US), Tim Kenny (US)
On February 10, 2020, the Seventh Circuit federal appeals court ruled that an Illinois-based seller of dietary supplements could maintain a federal Lanham Act and Illinois state law claims against…
International Trade Insights
Petition Summary: Common Alloy Aluminum Sheet from Various Countries
On March 9, 2020, The Aluminum Association Common Alloy Aluminum Sheet Working Group and its Individual Members, Aleris Rolled Products, Inc., Arconic, Inc., Constellium Rolled Products Ravenswood, LLC, JW Aluminum…