Colorado Fire Sprinkler, Inc. v. NLRB

The DC Circuit granted the Company's petition for review challenging the Board's decision holding that the relationship between the Union and the Company was governed by Section 9(a), rather than Section 8(f), of the National Labor Relations Act, 29 U.S.C. 159(a), 158(f). The court held that the record lacked evidence either confirming or controverting majority support. The court explained that the Board must identify something more than truth-challenged form language before it can confer exclusive bargaining rights on a union under Section 9(a). The court also held that the Board's decision was arbitrary and capricious because it made demonstrably untrustworthy contractual language the be-all and end-all of Section 9(a) status. View "Colorado Fire Sprinkler, Inc. v. NLRB" on Justia Law