Safety Firm Loses Fourth Circuit Appeal of Labor Board Ruling
A federal appeals court upheld a National Labor Relations Board ruling that security contractor Constellis illegally fired firearms instructor Michael Macri after he raised serious health and safety concerns about ricocheting bullets and PPE bans at the ranges. The Fourth Circuit rejected the company’s argument that Macri was a “manager” excluded from NLRA protections, holding that instructors lacked policy-making authority and that the judicially created managerial exception must be construed narrowly to preserve workers’ rights to act for their mutual aid and protection on safety issues.
See "Safety Firm Loses Fourth Circuit Appeal of Labor Board Ruling", Robert Iafolla, Bloomberg Law, December 1, 2025