Table of Contents
- What Happened in the NLRB v. Constellis Case?
- What Is a “Managerial Employee” Under the NLRA?
- What This Means for Employees
- What Should You Do if You’ve Been Punished for Raising Safety Concerns?
- Contact an Employment Lawyer
On December 1, 2025, the U.S. Court of Appeals for the Fourth Circuit issued a major ruling in NLRB v. Constellis, LLC that strengthens protections for employees who speak up about workplace safety. The court clarified that the “managerial employee” exception under the National Labor Relations Act (NLRA) is extremely narrow, meaning most workers who do not make company policy are protected by federal labor law.
What Happened in the NLRB v. Constellis Case?
The case involved a firearms instructor at a Constellis training facility who, along with his colleagues, repeatedly raised concerns about a serious safety hazard on the firing range. Bullets were ricocheting, and both instructors and trainees had been struck by fragments. After the instructor continued to press the issue, the company fired him for “insubordination.”
Constellis argued that the instructor was a “managerial employee” and therefore not protected by the NLRA. The National Labor Relations Board (NLRB) disagreed, and the Fourth Circuit upheld the Board’s decision.
What Is a “Managerial Employee” Under the NLRA?
The Fourth Circuit emphasized that the managerial employee exception is a demanding standard. To be considered a manager under the NLRA, an employee must have the authority to “formulate and effectuate management policies.”
It is not enough to:
•Have a title like “lead,” “coordinator,” or “instructor”
•Be experienced or respected
•Supervise a task or small group
•Exercise limited, on-the-spot discretion
The court found that the firearms instructor was not a manager because he followed a predetermined curriculum, could not change company policy, and had no authority to hire, fire, or discipline trainees in a meaningful way. His actions were about carrying out policy, not creating it.
What This Means for Employees
This ruling is a significant victory for employee rights in the Fourth Circuit (which includes Maryland, Virginia, West Virginia, North Carolina, and South Carolina). It provides reassurance that you do not lose your rights under the NLRA simply because you have some supervisory responsibilities.
Key takeaways from the ruling include:
•Job titles do not determine your rights. Courts look at your actual job duties, not what your employer calls you.
•Safety advocacy is protected. Speaking up about safety concerns, especially as a group, is considered “protected concerted activity” under the NLRA.
•“Insubordination” is not a valid excuse for retaliation. Employers cannot fire you for raising legitimate safety issues and then hide behind a vague claim of insubordination.
If you do not have the authority to create or implement company policy, you are likely protected by the NLRA when you join with coworkers to advocate for better working conditions.
What Should You Do if You’ve Been Punished for Raising Safety Concerns?
If you have been disciplined, fired, or otherwise retaliated against after raising safety concerns with your employer, you may have a claim for an unfair labor practice under the NLRA.
1.Document Everything: Keep records of your safety complaints, your employer’s response, and any disciplinary action taken against you.
2.Speak with an Attorney: An experienced employment lawyer can help you understand your rights and determine if you have a case.
3.File a Charge with the NLRB: You can file an unfair labor practice charge with the National Labor Relations Board. The NLRB will investigate your claim and may take action on your behalf.
Contact an Employment Lawyer
The Fourth Circuit’s decision in NLRB v. Constellis reinforces that federal law protects employees who speak up about safety. If you believe you have been wrongfully terminated or retaliated against for engaging in protected activity, our firm can help. Contact us today for a free, confidential consultation to discuss your case.
References
[1] National Labor Relations Board v. Constellis, LLC, No. 23-1861 (4th Cir. 2025).
