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NLRB Law Memo 08/03/2007
by Ross Runkel at LawMemo
NLRB Law Memo 08/03/2007
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NLRB - Staff summarized 2 decisions.
American Golf Corp. d/b/a Badlands Golf Course (28-CA-18753, et al.; 350 NLRB No. 28) Las Vegas, NV July 19, 2007.
http://www.nlrb.gov/shared_files/Board%20Decisions/350/v35028.htm
The Board, in a 3-2 decision, found that the Respondent lawfully withdrew recognition from Laborers Local 872 a little more than 6 months after resuming bargaining pursuant to an Order of the Board, which had found that the Respondent's previous withdrawal of recognition was unlawful.
The Board reversed a 2004 decision of an administrative law judge that found that the second withdrawal violated Section 8(a)(5) of the Act. Applying the factors identified in Lee Lumber & Building Material Corp., 334 NLRB 399 (2001), the Board found that a reasonable period of time for bargaining had elapsed after the resumption of negotiations pursuant to the Board's Nov. 2002 Order. The majority found it relevant that the parties had bargained for 8 months before the first withdrawal of recognition. Dissenting, Members Liebman and Walsh contended that the majority had misapplied Lee Lumber, in part by improperly relying on the earlier period of bargaining.
(Full Board participated.)
Charges filed by Laborers Local 872; complaint alleged violation of Section 8(a)(1) and (5). Hearing at Las Vegas on Nov. 20, 2003. Adm. Law Judge Albert A. Metz issued his decision March 15, 2004.
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Electrical Workers IBEW Local 2321 (Verizon New England) (1-CB-10559; 350 NLRB No. 29) Lawrence, MA July 18, 2007.
http://www.nlrb.gov/shared_files/Board%20Decisions/350/v35029.htm
The Board adopted the administrative law judge's finding that the Respondent Union violated Section 8(b)(1)(A) of the Act by charging Gregory Burns with the overtime hours he worked during a concerted refusal to work overtime, but not charging the employees who had refused overtime as part of the concerted refusal. The Board modified the Order to conform to judge's recommendation that the overtime rule be rescinded and to conform to the Board's standard remedial language.
(Chairman Battista and Members Schaumber and Walsh participated.)
Charge filed by Gregory Burns, an individual; complaint alleged violation of Section 8(b)(1)(A). Hearing at Boston on Feb. 5, 2007. Adm. Law Judge Joel P. Biblowitz issued his decision April 11, 2007.
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