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Aug 28, 2017

APPEALS COURT SLAMS NLRB AS LABOR âÄėADVOCATEâÄô IN UNION ARREST CASE


Appeals Court Slams NLRB as Labor ‚ÄėAdvocate‚Äô in Union Arrest Case

By Bill McMorris | FreeBeacon.com

A federal appeals court ruled that a top labor regulator abandoned its mission as a neutral arbiter when it sanctioned a company for calling the police on union organizers for trespassing.

Three organizers from United Food and Commercial Workers (UFCW) Local 555 were arrested in 2009 after refusing to leave a Hillsboro, Ore., Fred Meyer box store following a confrontation with a manager. The union filed a complaint to the National Labor Relations Board alleging the arrests broke the company‚Äôs agreement to allow organizers to visit the store. The Board ruled 2-1 in 2015 that ‚Äúthe unlawful expulsion and arrest of union representatives‚ÄĚ constituted coercion and intimidation.

The Washington, D.C., Circuit Court of Appeals rejected the board’s conclusion in an Aug. 1 ruling, saying it ignored events leading to the arrest and mischaracterized other factual disputes at issue. The Court unanimously ruled that the manager had the right to call the police because the union failed to give the store advanced notice…

‚ĶThe Appeals Court called into question the agency‚Äôs objectivity. Circuit Judge Janice Rogers Brown said the board‚Äôs majority approached the case as ‚Äúan advocate‚ÄĚ for the union, rather than a neutral arbiter.¬†‚Ķread more‚Ķ