United Nurses Association of California v. National Labor Relations Board

No due process violation or bias can be inferred from an administrative law judge's adverse credibility determinations of an employer's witnesses, evidentiary rulings unfavorable to an employer, questioning of an employer's witnesses, and alleged expressions of impatience or anger. An employer impermissibly fired an employee for engaging in union organizing where the employer fired the worker after expressly authorizing him to engage in the conduct for which it fired him. It did not follow its own internal policies in terminating the worker, and it did not subject other workers to the same level of discipline for similar conduct. An employer cannot retroactively strip a worker of the protections of the National Labor Relations Act by promoting him to a supervisor position and then firing him for past protected activity done as an employee. An employer violated the NLRA by serving subpoenas on employees and their union seeking, confidential information about union activities, including communications with union representatives and signed authorization cards. The Noerr-Pennington doctrine did not shield an employer from liability for an unfair labor practice under the NLRA because its demands for employees' confidential information are not direct petitioning, and because its discovery requests were unlawful.

United Nurses Association of California v. National Labor Relations Board - filed Sept. 11, 2017
Cite as 2017 S.O.S. 15-70920

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