Trump Plaza Assoc. v. NLRB, No. 10-1412 (D.C. Cir. 2012)
Annotate this CaseTrump Plaza sought review of an order of the Board, in which the Board concluded that Trump Plaza violated section 8(a)(5) and (1) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (5), by refusing to bargain with the Union. Trump Plaza conceded that it refused to bargain with the Union but claimed that the Board erred in certifying the Union. The court believed that the Trump Plaza dealers could not reasonably have read the leaflet or website at issue to suggest that the Board endorsed unionization. In regards to Trump Plaza's challenge to the mock card-check rally and its corresponding certification document, the court, deciding on the merits, held that the Board was plainly wrong to conclude that there was an "absence of evidence" of dissemination. Consequently, the court granted Trump Plaza's petition, vacated the Board's order, and remanded to the Board to assess the severity of the challenged conduct and to reassess the extent of the mock card-deck dissemination under its precedent.
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