Westrum v. Nat'l Labor Relations Bd.
In brief
The Supreme Court left intact the conclusion that Westrum's conduct was not protected under federal labor law.
- Where it stands
- Decided
Decided · May 18, 2020
- What it’s about
- The Supreme Court denied review of David Westrum’s case, leaving in place the NLRB’s and Eighth Circuit’s ruling that his conduct was not protected concerted activity under federal labor law.
- Who it affects
- The NLRB prevailed, and the lower-court outcome remains effective for Westrum. An employee making a similar claim in the Eighth Circuit faces the existing decision on when workplace conduct is protected.
Summary: written with AI from the case record.
What it's about
As a result, the NLRB prevailed and the lower-court decision remained effective.
The case concerns federal labor-law protections for workers who raise workplace concerns, including disputes over whether their actions count as collective action.
Question presented
1. Whether the National Labor Relations Board (NLRB) and the United States Court of Appeals for the Eighth Circuit erred in their determination that the Petitioner, David Westrum, was not engaged in protected concerted activity under Section 7 of the National Labor Relations Act (NLRA) when he was terminated for his actions? 2. Whether the NLRB and the Eighth Circuit failed to properly apply the "objective" standard for determining protected concerted activity as established in NLRB v. City Disposal Systems, Inc., 465 U.S. 822 (1984)?
What the Court decided
What's next
The Court has finished its action on this case. The NLRB and Eighth Circuit result remains in effect.
Documents
Opinions
Key filings
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Opinion added: Westrum
Brief added: Petition
More questions
- What did the Supreme Court do in Westrum v. NLRB?
- The Court declined to review the case. It did not decide the underlying labor-law question.
- Who won Westrum v. NLRB?
- The NLRB prevailed because the lower-court result remained in place. Westrum did not obtain Supreme Court review.
- What happens next in Westrum v. NLRB?
- No further Supreme Court action is scheduled. The Eighth Circuit and NLRB outcome continues to govern this dispute.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.