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10-2875 & 10-3049 Spurlino Materials, LLC, v. NLRB

By: Rick Benedict//June 23, 2011//

10-2875 & 10-3049 Spurlino Materials, LLC, v. NLRB

By: Rick Benedict//June 23, 2011//

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Labor
Unfair labor practices

Where an employer discriminated against employees who supported unionization, the NLRB properly found the employer guilty of unfair labor practices.

“Spurlino contends that the stadium PLA, to which the Union was a signatory, explicitly takes precedence over conflicting provisions of other labor agreements, and explicitly provides that there was no obligation to observe employee seniority at the stadium project. But this argument is unavailing here. Assuming for the moment that the stadium PLA exclusively governed the company’s dispatches from the Kentucky Avenue center to the stadium (an uncertain assumption for reasons discussed infra), the problem is not simply a departure from the otherwise regular seniority order but the manipulation of the dispatch order specifically as a device to penalize union supporters. Even if the PLA would have authorized Spurlino to dispatch its truckers randomly or alphabetically by last name, it cannot be read to legitimate the unfair labor practices forbidden by § 8(a).”

Petitions Granted and Denied.

10-2875 & 10-3049 Spurlino Materials, LLC, v. NLRB

Petition for Review and Cross-Application for Enforcement of Order of the National Labor Relations Board, Cudahy, J.

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