Local Joint Executive Bd., et al. v. Nat'l Labor Relations Bd., No. 10-72981 (9th Cir. 2011)
Annotate this CaseThe court reviewed a petition by the Union from an order of the NLRB (Board) dismissing a complaint alleging unfair labor practices by Employers. The Union alleged that the Employers violated sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (NLRA), 29 U.S.C. 151-169, when the Employers unilaterally terminated union dues-checkoff before bargaining to agreement or impasse. The court held that the the Board's decision in Hacienda III was arbitrary and capricious because the Board provided no explanation for the rule it followed in dismissing the Union's complaint. The court also held that, although it must show deference to the Board in its promulgation of labor policy, a third open remand was inappropriate in this case because the Board, after more than fifteen years, had reached a deadlock on the merits and continued to be unable to form a reasoned analysis in support of its ruling. The court further held that, upon consideration of the merits, the Employers violated section 8(a)(5) of the NLRA when they unilaterally ceased dues-checkoff before bargaining to impasse. Therefore, the court granted the Union's petition, vacated the Board's ruling, and remanded to the Board so it could determine what relief was appropriate.
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