King Soopers, Inc. v. NLRB

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The company petitioned for review of the Board's order to reinstate an employee with make-whole relief, and to reimburse the employee for search-for-work and interim employment expenses regardless of whether those expenses exceeded her interim earnings. The DC Circuit held that the Board's determination that it unlawfully interrogated the employee must be vacated because this charge was not added to the General Counsel's complaint until after the commencement of the hearing before the ALJ. Therefore, the company had no reasonable notice of the interrogation charge or a fair opportunity to defend itself. The court found no merit in the company's remaining claims. The court granted the Board's cross-application for enforcement as to all matters except the finding that the company violated the National Labor Relations Act when it allegedly interrogated the employee about complaints she raised with the union. The court granted the company's petition for review as to that charge, but denied the petition for review as to the remaining matters. View "King Soopers, Inc. v. NLRB" on Justia Law