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NLRB Law Memo 07/27/2007
by Ross Runkel at LawMemo

NLRB Law Memo 07/27/2007
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NLRB - Staff summarized 1 decision.

Beacon Electric Co. (9-CA-35127; 350 NLRB No. 26) Cincinnati, OH July 12, 2007.
http://www.nlrb.gov/shared_files/Board%20Decisions/350/v35026.htm
The Board affirmed the administrative law judge's finding that the Respondent violated Section 8(a)(3) and (1) of the Act by refusing to consider for hire and refusing to hire 49 union-affiliated workers who applied for work between January and May 1997.

The Board found that the Respondent's affirmative defense-reliance on a referral policy-failed because it was pretextual. The Respondent did not reveal its referral policy to the discriminatees, did not rely on the referral policy when it rejected the discriminatees, and deceived the discriminatees regarding its hiring policy and whether it was hiring.

(Chairman Battista and Members Liebman and Walsh participated.)

Charge filed by Electrical Workers IBEW Local 212; complaint alleged violation of Section 8(a)(1) and (3). Hearing at Cincinnati, 6 days between May 5-13, 1998. Adm. Law Judge Richard H. Beddow, Jr. issued his decision July 14, 1998 and his supplemental decision Dec. 20, 2000. Adm. Law Judge Pargen Robertson issued his second supplemental decision May 5, 2004.

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