Bruce Packing Co. v. NLRB, No. 12-1054 (D.C. Cir. 2015)
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Bruce Packing petitioned for review of the Board's decision that Bruce Packing committed unfair labor practices in an effort to beat back a union-organizing drive at one of its plants. The court agreed with the Board that substantial evidence supports its conclusion that the termination of a worker violated the National Labor Relations Act, 29 U.S.C. 158(a)(3), where the evidence demonstrated that Bruce Packing would not have terminated the worker absent his union activity. However, the court disagreed with the Board’s decision to allow the late amendment of the General Counsel’s complaint, which left Bruce Packing without notice of a new charge that it lacked the opportunity to fairly contest. Accordingly, the Board’s order will be enforced with respect to all issues, except its conclusion that Bruce Packing illegally
promised benefits to employees who stopped supporting the union.
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