Dixie Electric Membership Corp. v. NLRB, No. 15-60063 (5th Cir. 2016)
Annotate this CaseThe Board alleged that Dixie Electric committed an unfair labor practice, in violation of Section 8(a)(5) and (d) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(5), (d), when it reclassified two categories of employees as supervisors, which caused those employees to be excluded from the bargaining unit covered by a collective bargaining agreement. The court held that an employer who unilaterally removes a job title from a bargaining unit mid-contract violates the NLRA. In this case, it is undisputed that Dixie Electric unilaterally modified the scope of the bargaining unit and therefore violated the NLRA. Further, the court concluded that the Board’s conclusion that the unit clarification petition was untimely is reasonable where Dixie Electric filed its petition more than four months after execution of the new contract. Accordingly, the court denied Dixie Electric's petition and enforced the Board's order.
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