NLRB – Enforcement of Order

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7^th Circuit Court of Appeals

Case Name: Jam Productions, LTD., et al. v. National Labor Relations Board, et al.

Case No.: 17-2042; 17-2111

Officials: KANNE and ROVNER, Circuit Judges, and DURKIN, District Judge.

Focus: NLRB – Enforcement of Order

The National Labor Relations Board (“the Board”) seeks to enforce its order requiring Jam Productions, Ltd., Event Productions, Inc., Standing Room Only, Inc., and Victoria Operating Co. (collectively “Jam Productions” or “Jam”) to bargain with the Theatrical Stage Employees Union Local No. 2, (“Local No. 2”). Jam argues that in the period before the election to determine whether Local No. 2 would represent Jam employees, the union attempted to influence the election outcome by steering premium union jobs to Jam employees. We have jurisdiction to review the Board’s application for enforcement pursuant to 29 U.S.C. § 160(e). Because Jam presented enough evidence to warrant a hearing on the validity of the election results, we deny enforcement and remand for an evidentiary hearing.

For the foregoing reasons, we GRANT Jam Productions’ petition for review and REMAND for a hearing on its election objection, and DENY the Board’s cross-application for enforcement.

Granted in part. Remanded in part. Denied in part.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.