Judge Dana Douglas, who was nominated by President Biden to the Fifth Circuit, cast the deciding vote in a 2-1 opinion that she wrote upholding an order by the National Labor Relations Board (NLRB) that found a corporation had illegally fired a worker because it believed she had engaged in protected worker advocacy activity. The November 2024 decision was in Capstone Logistics LLC v NLRB.
What happened in this case?
Capstone Logistics is a nationwide corporation that provides workers to other businesses, such as Associated Wholesale Grocers (AWG). Joyce Henson worked as the lead Capstone person at AWG’s facility in New York state.
Problems arose concerning the workers’ rate of pay and working conditions, such as safety. Henson talked with Capstone and AWG personnel about the problems, but Capstone management became concerned about her worker advocacy efforts. Within a month, Capstone fired Henson, and she went to the NLRB. After extensive administrative proceedings, the NLRB found that Capstone had improperly fired Henson because it believed that she had engaged in worker advocacy activity. Capstone filed a petition to reverse the ruling with the Fifth Circuit
How did Judge Douglas and the Fifth Circuit rule and why is it important?
Judge Douglas wrote a 2-1 opinion that upheld the NLRB, finding that there was “substantial evidence” in the record to support the conclusion that Capstone unlawfully fired Henson because it believed she was engaging in worker advocacy activity. This included raising “group employment complaints” with AWG.
Judge Douglas’ opinion was obviously important to vindicate the employment rights of Joyce Henson, who can now obtain damages or other relief from Capstone. The decision may also be significant in other cases concerning alleged violation of labor law protections, particularly in the Fifth Circuit, which includes Texas, Luoisiana, and Mississippi. In addition, the ruling serves as a reminder of the importance of confirming fair-minded judges to our federal courts.