Arc Bridges, Inc. v. NLRB, No. 10-1330 (D.C. Cir. 2011)
Annotate this CaseArc Bridges petitioned for review of a NLRB order finding it in violation of section 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1)&(3). At issue was whether Arc Bridges established annual wage increases as a term of employment and then unlawfully refused to implement a wage increase after its employees became unionized. The district court concluded that Arc Bridges' budget review each June and across-the-board wage increase each July amounted to an established condition of employment. Consequently, Arc Bridges' refusal to maintain that condition in 2007 was inherently destructive of the employees' rights. The court held that the NLRB's decision was arbitrary and unsupported by substantial evidence. Therefore, the court granted the petition for review, denied the cross-petition for enforcement, and set aside the NLRB's order. The court also remanded the case for further proceedings in light of the NLRB's decision to reserve judgment on the Wright Line theory.
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