International Union of Operati v. NLRB, No. 10-1121 (D.C. Cir. 2011)
Annotate this CasePlaintiffs petitioned for review of a National Labor Relations Board ("Board") finding where a union employee, with a traveler permit from plaintiffs, reported to his employer that a piece of machinery was not properly deployed. At issue was whether a union violated section 8(b)(1)(A)of the National Labor Relations Act ("Act") if a union disciplined a union member who complied with an employer's safety rules. The court granted the petition for review and held that it could not find any support in sections 7 and 8(b)(1)(A) of the Act for the Board's decision where the board rejected the administrative law judge's effort to find a concerted activity out of the facts of the case, where the Board relied on its broad per se policy, and where it would be improper to remand to the Board to consider an alternative ground that it had explicitly declined to do.
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