In today’s news and commentary, the Fourth Circuit rejected a broad reading of the NLRA’s managerial exception, the Office of Personnel Management is cancelling a reduced tuition program for federal employees, Starbucks will pay $39 million for violating New York City’s Fair Workweek law, and Mamdani and Sanders joined striking baristas outside a Brooklyn Starbucks.
On Monday, the Fourth Circuit construed the scope of the NLRA’s managerial exception narrowly, leaving in place the NLRB’s ruling against a security company. The dispute arose when Michael Macri, a firearms instructor at Constellis Inc., raised concerns about a firing-range defect that caused bullets to “ricochet back toward shooters.” Macri was later terminated for alleged “insubordination,” and Constellis argued that Macri was excluded from NLRA coverage under the managerial employee exception, based on the Supreme Court’s holding in NLRB v. Bell Aerospace (1974). In the Fourth Circuit’s first decision addressing the exception, the unanimous three-judge panel joined its sister circuits in construing the court-made exception narrowly. Writing for the panel, Judge Nicole Berner observed that not only did Macri lack the power to select trainees or independently discipline students, but he also had neither the ability nor the authority to resolve the ricochet problem himself. Consequently, Macri had to bring those concerns to the attention of those with the power to address the issue—actions that “demonstrate...
[OSEN=Kim Nayeon Reporter] Ms. A, who is under suspicion of illegal medical practices due to the 'injection aunt' controversy involving broadcaster Park Na-rae, expressed her grievance. On the 24t...