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Epilepsy Foundation of Northeast Ohio v. National Labor Relations Board

Application for enforcement granted with regard to Labor Board's decision to extend Weingarten rule to nonunion employees; Board's retroactive application of its new interpretation of section 7 of the NLRA and Board's finding that employer discharged employees for engaging in protected activity reversed.

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Argued October 2, 2001

Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board

Petitioner, the Epilepsy Foundation of Northeast Ohio (“the Foundation”), challenges a National Labor Relations Board (“NLRB” or “Board”) decision finding that the Foundation committed unfair labor practices when it discharged Ashraful Hasan and Arnis Borgs in violation of s 8(a)(1) of the National Labor Relations Act (“NLRA” or “Act”). In reaching this result, the NLRB first interpreted s 7 of the Act to extend the rule of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), to nonunion workplaces. The Board then applied the new rule retroactively in holding the Foundation liable for Borgs’ discharge. Epilepsy Found. of Northeast Ohio, 331 N.L.R.B. No. 92, at 1 (July 10, 2000) (“Board Decision”). The NLRB also found that the Foundation committed an unfair labor practice in firing Hasan for engaging in protected concerted activity.

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