NLRB v. American Firestop Solutions, Inc., No. 11-1440 (8th Cir. 2012)
Annotate this CaseThe Union filed a charge alleging that AFS had engaged in unfair labor practices in violation of subsections 8(a)(1) and 8 (a)(5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (a)(5). After a hearing, an ALJ held in favor of the Union and ordered AFS, inter alia, to bargain with the Union and pay damages. AFS appealed to the Board, which accepted the ALJ's factual findings and legal conclusions, altering only the remedies that the ALJ fashioned. The court held that the Board did not err in holding that the Union represented the AFS employees under section 9(a) of the Act, rather than under section 8(f). Accordingly, the court granted the petition to enforce the order of the Board.
Court Description: Application for Enforcement - Labor Law. The Board did not err in concluding that the parties had a 9(a) agreement, rather than an 8(f) relationship.
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