Tecnocap, LLC v. National Labor Relations Board, No. 19-2109 (4th Cir. 2021)Annotate this Case
Tecnocap petitioned for review of the Board's decision affirming an ALJ's finding that the company engaged in several unfair labor practices in violation of the National Labor Relations Act (NLRA). The Board cross-petitioned for enforcement of the order.
The Fourth Circuit denied the petition for review and granted the cross-petition for enforcement as to the partial implementation of the last, best and final offer without reaching a good faith impasse and locking out union members in support of a demand that was a permissive subject of bargaining; granted the petition for review and denied the cross-petition for enforcement as to direct dealing; denied the petition for review and granted the cross-petition for enforcement as to Tecnocap's discouragement of union membership in how it undertook the lockout; and remanded for the Board to determine the effect the court's limited grounds for enforcing its order has on the remedies it ordered and for entry of a remedial order that is consistent with the court's decision.