# SNE Enterprises, Inc. v. National Labor Relations Board

> Court of Appeals for the Fourth Circuit · December 7, 2007 · 257 F. App'x 642

URL: https://www.frixlaw.com/law-library/cases/9518066

## Case

- **Full name:** SNE ENTERPRISES, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent; National Labor Relations Board, Petitioner, v. SNE Enterprises, Incorporated, Respondent
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** December 7, 2007
- **Citations:** 257 F. App'x 642
- **Precedential status:** Unpublished
- **Opinion:** Concurring in part by Niemeyer
- **Judges:** Wilkinson, Niemeyer, Shedd
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9518066

## Opinion text

NIEMEYER, Circuit Judge,
concurring in part and dissenting in part:
Except with respect to the disposition based on the discharge of Ruth Adkins, a supervisor, I concur in the majority opinion. With respect to Adkins, I respectfully dissent.
A supervisor generally does not enjoy the protections of § 7 of the NLRA. But there are exceptions. In USF Red Star, Inc. v. NLRB, 230 F.3d 102 , 106 (4th cir.2000), we noted that although supervisors are not explicitly covered by the NLRA, § 8(a)(1) “is violated if a supervisor’s discharge results from his refusal to commit an unfair labor practice ” (emphasis added). But we have not held, as the majority now holds, that § 7 employee rights are violated when a supervisor is fired for giving testimony in a Board proceeding. Firing a supervisor for giving testimony is something quite different from firing a supervisor for committing an unfair labor practice against an employee. Accordingly, I would grant the petition of SNE Enterprises, Inc., with respect to the Board’s decision on Ruth Adkins’ discharge and deny the NLRB’s petition to enforce in that limited respect.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9518066. Public record. Not legal advice.