Williamson v. Nat'l Labor Relations Bd., No. 10-2241 (6th Cir. 2011)
Annotate this CaseIn 2005 plaintiff, a long-time member of the operating engineers union (Local 324), was hired as a project developer and labor consultant; he was not initially authorized to negotiate with unions or to bind the company, but he did meet with various unions. Based on his meetings with other unions, he was expelled from Local 324. The expulsion did not interfere with his collective bargaining work. An ALJ concluded that Local 324 had violated section 8(b)(1)(B) of the National Labor Relations by restraining or coercing the company in its selection of a representative, but dismissed a claim under 29 U.S.C. 158(b)(1)(A) based on the termination of membership. The Board reversed, finding no violation. The Sixth Circuit upheld the decision. Plaintiff's duties extended only to investigation, not negotiation during the relevant period and information-gathering is not an activity protected by 8(b)(1(B), which protects employers, not employees.
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