National Labor Relations Act (Employment Law Series)
Published January 13th 2015
THIS CASEBOOK contains a selection of 41 U. S. Court of Appeals decisions that analyze and interpret provisions of the National Labor Relations Act. The selection of decisions spans from 2012 to the date of publication.Section 7 of the NLRA guarantees employees the right to self-organization, to form, join, or assist labor organizations, and the right to engage in other concerted activities for the purpose of . . . mutual aid or protection. 29 U.S.C. § 157. Section 8(a)(1) of the Act in turn protects those rights by making it an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7. 29 U.S.C. § 158(a)(1). The NLRA provides that [t]he term employer includes any person acting as an agent of an employer. 29 U.S.C. § 152(2). [I]t is proper to attribute liability to an employer for statements of a supervisor. See Benson Veneer Co. v. NLRB, 398 F.2d 998, 1000 (4th Cir. 1968). The NLRA defines supervisor tomean any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.29 U.S.C. § 152(11) (emphasis added). Gestamp South Carolina, LLC v. NLRB, (4th Cir. 2014).[I]njunctive relief under § 10(j) [of the NLRA] is just and proper when it is necessary to prevent irreparable harm or to preserve the status quo. HealthBridge, 732 F.3d at 141 (quoting Inn Credible Caterers, Ltd., 247 F.3d at 368). The principal purpose of a § 10(j) injunction is to guard against harm to the collective bargaining rights of employees. Inn Credible Caterers, 247 F.3d at 369. Paulsen v. Remington Lodging & Hospitality, LLC, (2nd Cir. 2014).The two-prong standard for § 10(j) injunctive relief is well established: First, the court must find reasonable cause to believe that an unfair labor practice has been committed. Second, the court must find that injunctive relief is just and proper. The NLRB Regional Directors determinations regarding reasonable cause receive significant deference. Inn Credible Caterers, 247 F.3d at 365. Paulsen v. Remington Lodging & Hospitality, LLC, ibid.[T]he Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., states that, as a matter of public policy, employees shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of ... representatives [of their own choosing] or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. § 102 (emphasis added). The Act declares that any undertaking or promise in conflict with the public policy declared in section 102 ... shall not be enforceable in any court of the United States. § 103. Johnmohammadi v. Bloomingdales, Inc., 755 F. 3d 1072 (9th Cir. 2014).[T]he National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., says essentially the same thing. Johnmohammadi v. Bloomingdales, Inc., ibid.
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