Sunday, October 27, 2013

National Labor Relations Board v. Local Union No. 25 International Brotherhood of Electrical Workers case brief

National Labor Relations Board v. Local Union No. 25 International Brotherhood of Electrical Workers case brief summary
586 F.2d 959 (1978)

CASE SYNOPSIS
Pursuant to § 10(e) of the National Labor Relations Act, 29 U.S.C.S. § 151 et seq., § 160(e), petitioner National Labor Relations Board sought enforcement of its supplemental order issued against respondents, union, association and corporation, that invalidated part of respondent union's collective bargaining agreement.

CASE FACTS
An Administrative Law Judge (ALJ) found that respondent union had engaged in unfair labor practices. The ALJ also found that Article XI of respondent union's collective bargaining agreement was illegal even though the issue had not been raised by petitioner National Labor Relations Board's complaint, in the briefs, or in oral argument, and no evidence was presented concerning the issue. Petitioner sought enforcement of its supplemental order that embodied the findings and conclusions of the ALJ.

DISCUSSION
  • The court declined to order enforcement of the supplemental order to the extent it dealt with Article XI because respondents, union, association and corporation, did not receive the notice required by § 554 of the Administrative Procedure Act, 5 U.S.C.S. § 554. 
  • The court ruled that the National Labor Relations Act, 29 U.S.C.S. § 151 et seq., § 160(e), did not prevent the court from considering the objection based on the failure to comply with the provisions of § 554. 
  • The court did grant enforcement to the portion of the supplemental order that required respondent union to keep permanent hiring records but modified the period of time to two years.
OUTCOME

The court declined to order enforcement of so much of petitioner National Labor Relations Board's supplementary order as dealt with Article XI of the collective bargaining agreement. The court granted enforcement of the supplementary order that respondent union maintain permanent hiring records but only as modified to require that records be kept for two years.

Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)

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