Consolidated Commc'ns v. NLRB, No. 14-1135 (D.C. Cir. 2016)
Annotate this CaseAfter Consolidated disciplined several employees for alleged misconduct during a Union strike and eliminated a workplace position held by a union worker, the Board found that both Consolidated's disciplinary actions and its unilateral elimination of a bargaining-unit position violated the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (3) and (5). The court enforced the portions of the Board’s order determining that Consolidated’s suspensions of Michael Maxwell and Eric Williamson, as well as the company’s elimination of the bargaining-unit position, violated the Act. The court granted, however, Consolidated’s petition for review and denied cross-enforcement for that portion of the order addressing Consolidated’s discharge of Patricia Hudson, and remanded because the Board applied an erroneous legal standard in evaluating Hudson’s strike misconduct. In this case, Hudson did not engage in misconduct punishable under the Act because the Board’s determination rests on a misapplication of the Clear Pine Mouldings standard and the Burnup & Sims burden of proof.
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