Brentwood at Hobart v. Nat'l Labor Relations Bd., No. 10-2141 (6th Cir. 2012)
Annotate this CaseThe union filed a petition to organize employees at an assisted-living facility. Employees voted in favor of the union by a wide margin. The employer objected to the result, claiming the union improperly distributed a flyer that included photographs of employees without their consent. Using employees’ photographs in union election materials without consent may taint an election by conveying the false impression that the employees support the union. At a hearing, the employer tried to introduce a second flyer that also purportedly contained photographs of unconsenting employees. The union objected on relevance grounds because the flyer had not been previously mentioned. The hearing officer excluded it. The hearing officer found that the employees gave oral consent. The Board certified the union as the exclusive collective- bargaining representative of the employees. The employer refused to recognize or bargain with the union, insisting its conduct had tainted the election. The Board found violation of the NLRA, 29 U.S.C. 158(a)(5). The Sixth Circuit granted enforcement. The employer's failure to mention the second brochure in its objections, resulting in the hearing officer declining to consider it, did not create a due process issue.
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