Oberthur Technologies of America Corp. v. NLRB, No. 16-1265 (D.C. Cir. 2017)
Annotate this CaseOberthur sought review of the Board's orders and a certification decision where the Board found that Oberthur violated the National Labor Relations Act before the representation election by restricting employee speech and freezing employee wage benefits. The D.C. Circuit denied the petition for review, holding that substantial evidence supported the Board's finding that Oberthur violated section 8(a)(1) of the Act by imposing a discriminatory restriction on union-related speech. Furthermore, substantial evidence supported the Board's finding that Oberthur violated section 8(a)(1) and (3) by freezing wage benefits it had granted to its employees through two separate wage benefit programs. The court rejected Oberthur's objections to the disposition of the representation case. Finally, the court held that Oberthur violated sections 8(a)(1) and (5) by refusing to bargain with the union and denying its information requests following certification.
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