NLRB Law Memo 02/07/2012
by Ross Runkel at LawMemo
NLRB - Staff summarized 2 decisions.
Southwest Regional Council of Carpenters, Carpenters Local 1507 (Perry Olsen Drywall, Inc.) (27-CB-5723; 358 NLRB No. 3) West Jordan, UT, February 2, 2012.
The Board found that the union violated Section 8(b)(1)(A) and 8(b)(2) of the Act by refusing to let an individual pay the union's nonmember registration fee and sign its exclusive out-of-work list as a nonmember applicant for employment, and accordingly causing Perry Olsen Drywall, Inc., to refuse to hire the individual, all because he questioned the validity of the Union's hiring hall procedures under right-to-work laws. The Board agreed with the Administrative Law Judge's conclusion that the union departed from its established hiring hall procedures by refusing to let the individual pay the nonmember fee and sign the out-of-work list, and that the refusal was unrelated to the union's valid eligibility rules and was not otherwise justified by any legitimate consideration. The Board thus agreed with the judge that the union's conduct was arbitrary and violated its duty of fair representation.
Charge filed by an individual. Administrative Law Judge Lana H. Parke issued her decision on September 22, 2011. Chairman Pearce and Members Hayes and Griffin, Jr. participated.
Apollo Detective, Inc. (13-CA-61510; 358 NLRB No. 1) Calumet Park, IL, January 31, 2012.
The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the consolidated complaint and compliance specification. The Board found that the respondent violated the Act by failing to remit to the union any dues deducted pursuant to the terms of the collective-bargaining agreement, and by interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them.
Charge filed by Service Employees International Union, Local 1. Chairman Pearce and Members Hayes and Griffin, Jr. participated.
| MyLawMemo | Custom
Alerts | Newest Cases | Key
Word Search | Employment