True threats of violence or just talk? The District of Columbia Circuit Court recently enforced an NLRB order in favor of two former employees who were fired for making alleged threatening remarks to a supervisor. The supervisor had orally warned a group of employees who had exceeded the time for their break period. Two employees then told the supervisor “it’s going to get ugly” and he “better bring [his] boxing gloves.” The employer fired the employees for violating the employer’s zero-tolerance workplace violence policy. The NLRB disagreed. The Board held that the statements were “figures of speech,” not actual threats which would have not been protected speech under the NLRA. Enforcing the NLRB decision, the District Court held that the Board’s determination was not unreasonable. Kiewit Power Constructors Co. v. National Labor Relations Board, D.C. Cir., No. 10-1289, 8/3/11.