D.C. Circuit: Termination Of Benefits Violates NLRA; Remedy Challenge Is Too Late

(August 9, 2016, 12:57 PM EDT) -- WASHINGTON, D.C. — An employer violated the National Labor Relations Act (NLRA) when it terminated union members’ short-term disability benefits, encouraged an employee to circulate a decertification petition, interfered with union representatives access to the facility and decertified the union and refused to bargain with it or remit union dues; however, the employer waived its right to challenge the National Labor Relations Board remedy to reimburse the union with its own funds when it failed to raise the challenge before the NLRB, the District of Columbia Circuit U.S. Court of Appeals ruled Aug. 5 (Enterprise Leasing Company of Florida, doing business as Alamo Rent-A-Car v. National Labor Relations Board, No. 15-1200, D.C. Cir.; 2016 U.S. App. LEXIS 14376)....

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