3rd Circuit Court of Appeals Strips NLRB Protection from Americans Temporarily Working in Canada

Appeals Court: NLRB Only Covers U.S.

Thu Apr 22, 8:49 PM ET
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By DAVID B. CARUSO, Associated Press Writer

PHILADELPHIA - The National Labor Relations Board has no power to sanction U.S. companies for unfair labor practices committed outside the nation's borders, even when the violations involve Americans working abroad, a federal appeals court ruled Thursday.


The ruling by the 3rd U.S. Circuit Court of Appeals barred the labor board from taking action against a Pennsylvania company that fired two tree trimmers after they complained about work conditions while cleaning up storm damage in Canada six years ago.

Some of the workers for Asplundh Tree Co. complained their daily stipend for living expenses wasn't enough to cover the cost of their food. Two of the employees were fired, and told to find their own way home back to the United States.

A judge later ruled that Asplundh had engaged in unfair labor practices. The National Labor Relations Board ordered the company to rehire the men and remove any reference to improper conduct from their personnel files.

In Thursday's ruling, the three-judge panel determined that the National Labor Relations Act — which gave the board power to intervene — does not apply to employees working temporarily outside the United States.

Asplundh Tree's primary business is helping utility companies keep their power and phone lines clear of hanging branches.

Messages left with attorneys for the company, as well as the National Labor Relations Board, were not immediately returned Thursday evening.