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11/25/2005
by Ross Runkel at LawMemo
NLRB Law Memo 11/25/2005
by LawMemo - World's Best
NLRB - Staff summarized 1 decision this week.
Arizona Mechanical Insulation, LLC (28-CA-28622(E); 345 NLRB No. 106) Hereford, AZ Nov. 16, 2005.
The Board affirmed the administrative law judge's recommendation, as modified, and ordered that the Applicant, Arizona Mechanical Insulation, LLC (AMI) be awarded $9,700.04 pursuant to its Equal Access to Justice Act application. No exceptions were filed to the judge's finding that the Applicant is entitled to $8,402.54 in fees and expenses. The Respondent requested, and the Board added, $1,297.50 for attorneys' fees incurred in responding to the General Counsel's exceptions.
By an unpublished Order dated May 20, 2004, the Board adopted, absent exceptions, the judge's dismissal of the complaint alleging that AMI violated Section 8(a)(5) and (1) of the Act by failing to sign the master agreement negotiated in 2002 between the Western Insulation Contractors Association and Asbestos Workers Local 73. The judge found that the evidence did not establish that AMI was bound by the group bargaining.
In his supplemental decision, the judge found that the General Counsel's position—that AMI had made a binding commitment to group negotiations—was not reasonable in law or fact and that there are no special circumstances that would make an award of attorney fees and expenses unjust.
(Chairman Battista and Members Liebman and Schaumber participated.)
Adm. Law Judge Thomas M. Patton issued his supplemental decision May 12, 2005.
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