🗞️ NLRB Judge Dismisses Retaliation Claims Against Medieval Times in Union Discipline Case
NLRB Administrative Law Judge dismisses unfair labor practice charges against Medieval Times, ruling that progressive discipline of union activist Marcus Vere resulted from company-wide attendance enforcement rather than retaliation for union activities or testimony.
An Administrative Law Judge for the National Labor Relations Board dismissed charges that Medieval Knights LLC unlawfully disciplined Marcus Vere, a knight performer at the Lyndhurst, New Jersey castle, in retaliation for his union activities and testimony in prior NLRB proceedings.
Vere, employed as a knight since 2019, actively supported the American Guild of Variety Artists organizing campaign that resulted in union certification in July 2022. Between April and September 2024, he received escalating discipline—from informal coaching to a final warning—primarily for attendance and performance issues. Vere filed charges alleging these actions violated Section 8(a)(3), (4), and (1) of the National Labor Relations Act, claiming retaliation for his union support and January 2024 testimony in a case where another judge found the company committed unfair labor practices.
Applying the Wright Line test, Judge Michael A. Rosas concluded that while Vere engaged in protected activity and the employer had knowledge of it, the General Counsel failed to prove discriminatory motivation. The decision emphasized that Medieval Times began systematically enforcing attendance policies across all departments in December 2023—one month before Vere testified—affecting over 100 employees. The company disciplined approximately 21 employees for attendance and performance issues in 2024, with 13 receiving formal coaching, 11 receiving written warnings, and 6 receiving final warnings. Two employees were terminated for time and attendance in 2024, with four additional terminations in 2025.
The judge rejected arguments that timing, disparate treatment, or policy changes demonstrated anti-union animus. Notably, Vere was not disciplined for being late on 10 other occasions in 2024, and other union activists who testified, including bargaining committee members, received no discipline. While acknowledging inconsistent enforcement—some employees with comparable or worse attendance records received lighter discipline—the judge concluded this reflected general management discretion rather than targeting of union supporters.
Key Points
- Marcus Vere, a Medieval Times knight and union activist, alleged retaliation through five disciplinary actions received between April and September 2024
- ALJ dismissed charges, concluding discipline resulted from company-wide attendance enforcement beginning December 2023, one month before Vere's testimony
- Company disciplined approximately 21 employees for attendance/performance in 2024; terminated 2 employees in 2024 and 4 in 2025 for time and attendance violations
- Other union activists and NLRB witnesses received no discipline, undercutting retaliation theory
- Judge declined to rely on February 2025 ALJ decision finding prior unfair labor practices, as that decision remains pending Board review on exceptions
- Vere was not disciplined for 10 other late arrivals in 2024, indicating no disparate treatment
- Wright Line test requires General Counsel to prove protected activity was a motivating factor in adverse employment action
- Union disclaimed interest in March 2024; company subsequently increased wages (Vere's rate: $16/hour to $28/hour)
Primary Source Author: Michael A. Rosas, Administrative Law Judge
Primary Source: Medieval Knights, LLC and Medieval Times U.S.A. Inc., NLRB Case 22-CA-351533 (January 29, 2026)
Primary Source Link: https://apps.nlrb.gov/link/document.aspx/09031d45841afb90
