Split D.C. Circuit: NLRB Is Guilty Of Bad Faith; Employer Is Owed Attorney Fees

Mealey's (October 13, 2016, 11:08 AM EDT) -- WASHINGTON, D.C. — The National Labor Relations Board is guilty of bad faith for knowingly forcing parties “to waste time and resources litigating” a case over an employer’s failure to bargain a reduction of hours by refusing to follow the District of Columbia Circuit U.S. Court of Appeals’ longstanding precedent, a split District of Columbia Circuit panel ruled Sept. 30, awarding the employer $17,649 for attorney fees (Heartland Plymouth Court MI, LLC, doing business as Heartland Health Care Center – Plymouth Court v. National Labor Relations Board, No. 15-1034, D.C. Cir.; 2016 U.S. App. LEXIS 17688)....

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