Scomas of Sausalito v. NLRB, No. 15-1412 (D.C. Cir. 2017)
Annotate this Case29 of the bargaining unit's 54 employees had signed a decertification petition asking Scomas to withdraw recognition from the Union immediately if the petitioners make up 50% or more of the bargaining unit. Unaware that six employees had revoked their signatures, Scomas withdrew recognition from the Union. Consequently, the Union filed an unfair labor practice with the Board, and the Board ruled in favor of the Union. Scomas petitioned for review of the Board's order to recognize and bargain with the Union. The court concluded that Scomas violated the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq. However, the court concluded that the Board abused its discretion in imposing a bargaining order. In this case, far from being deliberate or calculated, the court determined that Scomas's violation was unintentional and the company acted in good faith on a facially valid decertification petition. Because the bargaining order does not further the Act's purposes, the court granted the petition for review, denied the cross-application for enforcement, and vacated the bargaining order, remanding to the Board for the determination of a new remedy.
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