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Last week, the United States Court of Tradition for the Ninth Racecourse around NLRB, the NLRB revealed a complaint against two joint employers who make unlawful termination in retaliation for the picketing activity. The court, which reverses the board, found that the strike post of employees was not unlawful secondary activity and therefore had not lost the protection of the law. Service Employees International Union Local 87 v. NLRB , Case (Apr. 28, 2021).
The case concerned a UNP-submitted ULP fee on behalf of termination employees against their primary employers, a construction service company and a subcontractor of Januaryitorial Services. A real estate administration company has set the Building Services company to provide January services to one of the explored buildings. The building technology company subtracted the work to the subcontractor of the Januaryian who employed employees directly to execute the January work.
In response to questions regarding wages and other working conditions, employees with the support of the Union organized two strike posts in front of the building in which the employees got household services. When finalized the strike posts, several employees were fired by the subcontractor of JanuaryNitier, and the Building Services Company has terminated its contract with the real estate administration company and therefore with the subcontractor. The Union launched a ULP fee against the primary employers and reported unlawful termination in retaliation for protected activity under the law. However, NLRB has credited the affirmative defense of employers and found that employees lost the protection of the law by addressing the law of § 8 (b) (4) (ii) (b) of the law in the secondary activity in the violation of § 8 (b) (4) (ii) (b) of the law. The Board of Directors said that the employees' piceting represented a secondary activity that includes a neutral party, the real estate administration company under pressure, "stop" with the primary employers ".
As part of the law that threatens the compulsion, threatening, a neutral employer threatens, with the aim of pressing the neutral employer, with the primary employer, or the employer with which the employees have a work dispute, " Secondary activity. Through the behavior, this required secondary objective is found if he forces the neutral employer to terminate his business relationship with the primary employer or suppress the primary employer to change its work policies. The Board of Directors found that the general lawyer and the Union has not identified that the picket has clearly disclosed that the dispute with the primary employers, the construction service company and the subcontractor, a resistant assumption that the picket was a unlawful secondary activity. The board continued to pick that picketing had an inadmissible secondary goal.
The appeal was concluded in appeal that the find of the unlawful picketing activities of the Management Board was not supported by sufficient evidence, but was based on the "thinest reed". In contrast to the Board, the Court noted that the Picketing employees have clearly pointed out that the appeal was with their primary employer, which makes the only sentence in a features isolated from the panel in his analysis in its analysis not the simple language of Signs of voters set materials that called for the construction service at the name.
The Court also did not agree with the establishment of the board that it was independent evidence that the staff had a secondary purpose, namely the pressure of the real estate administration company with the primary employer stop printing. The Court found that the Executive Board in the statements of the employee to the real estate manager during the Picketing raised too much weight, indicating that none of the signs or leaflets of the Picketing employees mentioned the real estate administration company, and there was no evidence in the record The employees asked the real estate administration company, intervene or threatened to intervene against the neutral employer. As such, the Court noted that the Board of Directors went to the staff against Section 8 (b) (4) (II) (B) the law was violated.
The holding of the Court suggests that the demonstrating standard is quite significant for finding an impermissible secondary goal. While the interpretation of the Board of Law, including the importance of unlawful secondary activity pursuant to Section 8 (b) (4) ((ii) (b), the displacement of the respect for courts, the decision of the ninth circuit in this case, indicates it That the federal courts and intervention in which the decision of the Management Board, in the opinion of the Court, is not supported by sufficient evidence. Depending on whether another appeal court of the Court of Appeals follows the precedent of the ninth circuits, this decision can increase the obvious burden that must bear the entities to show that otherwise coordinated activity is in nature in nature and thus its protection Under the act loses.