Magazine article HRMagazine

To Preserve Argument, Contest Orders before NLRB

Magazine article HRMagazine

To Preserve Argument, Contest Orders before NLRB

Article excerpt

NLRB v. Legacy Health System, 9th Cir., No. 10-72478 (Nov. 21, 2011).

An employer must file a motion for reconsideration with the National Labor Relations Board (NLRB) when contesting a modified remedial order if it wants to raise the argument with a reviewing appellate court, according to the 9th U.S. Circuit Court of Appeals.

Legacy Health operates hospitals, clinics and labs in Portland, Ore. It is party to several different collective bargaining agreements with labor unions. It also has many employees in positions that are not unionized.

Legacy Health had an unwritten policy prohibiting employees from simultaneously holding bargaining unit and nonbargaining unit positions. Employees could hold more than one position, but only if both were union or both were nonunion positions. When officials of the Service Employees International Union, Local 49, learned of this policy, they filed an unfair labor practice charge.

The NLRB upheld the administrative law judge's decision that Legacy Health violated the National Labor Relations Act but modified the recommended order and added a phrase ordering Legacy Health to find substantially equivalent work for three affected employees, if the positions they would have received were no longer available. …

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