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Lewis v. Whirlpool Corporation, 6th Cir., No. 09-4231, Jan. 12, 2011.

Articles Discussing Case:

Supervisor has a viable claim under the NLRA when terminated or disciplined for refusing to commit unfair labor practices.

Ogletree Deakins • January 17, 2011
Although supervisors generally are not covered by the National Labor Relations Act (NLRA), which protects “employees” from unfair labor practices, that Act is deemed to have been violated if a supervisor’s discharge results from his refusal to commit an unfair labor practice. Recently, the 6th U.S. Circuit Court of Appeals upheld the dismissal of a supervisor’s federal court complaint on the basis of lack of jurisdiction, holding that because the individual claimed to have been fired for refusing to take action against pro-union employees, the issue could only be properly reviewed by the National Labor Relations Board (NLRB).