Labor & Employment Law

NLRB Law Memo 04/14/2008

NLRB Law Memo 04/14/2008
by LawMemo - First in Employment Law.

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NLRB - Staff summarized 1 decision.

Industrial Hard Chrome, Ltd., Bar Technologies LLC, Fluid Power Manufacturing (13-CA-43487; 352 NLRB No. 47) Geneva, IL March 31, 2008.
http://www.nlrb.gov/shared_files/Board%20Decisions/352/v35247.htm

The Board adopted the administrative law judge's findings that an employee work stoppage, taken to protest mistreatment by a supervisor, was protected concerted activity, and that the Respondent violated Section 8(a)(1) of the Act by threatening employees with discharge, and then subsequently discharging them, for engaging in that activity.  In so doing, the Board found it unnecessary to pass on the judge's finding that the discharges did not also violate Section 8(a)(3), because finding the Section 8(a)(3) violation would not materially affect the relief.  The Board also found that the Respondent violated Section 8(a)(1) by telling union-represented employees that they had no representation.  Finally, the Board amended one of the judge's conclusions of law and his proposed remedy to delete one employee from the list of unlawfully discharged employees entitled to reinstatement and backpay in the absence of any evidence that that employee had been discharged.

            (Chairman Schaumber and Member Liebman participated.)

            Charge filed by Steelworkers; complaint alleged violations of Section 8(a)(1), (3), and (5).  Hearing at Chicago, Oct. 13-16, 2006.  Adm. Law Judge George Alemán issued his decision Feb. 27, 2007.

Full post as published by NLRB Law Memo on April 14, 2008 (boomark / email).