National Labor Relations Board v. Wang Theatre, Inc., No. 20-1157 (1st Cir. 2020)Annotate this Case
The First Circuit vacated the October 30, 2019 order of the National Labor Relations Board reinstating its November 10, 2016 order finding that Wang Theatre, Inc. (WTI) committed labor violations by failing to bargain with the Boston Musicians' Association, holding that the Board made errors of law and fact in certifying a bargaining unit that had no employees.
BMA petitioned the Board to become the union representative for musicians employed by WTI. WTI argued that the petition should be dismissed because WTI had not employed any musicians since 2014. On November 10, 2016, the Board certified the bargaining unit. BMA then filed a charge with the Board alleging that WTI committed an unfair labor practice by refusing to bargain. The Board granted summary judgment for BMA. On October 30, 2019, the Board reinstated its original November 10, 2016 order. The First Circuit vacated both orders, holding that the Board misapplied the law and its own case law in certifying a no-employee bargaining unit.
The court issued a subsequent related opinion or order on December 31, 2020.