American Baptist Homes of the West v. NLRB

Piedmont Garden petitioned for review of the Board's determination that Piedmont Gardens violated the National Labor Relations Act by withholding certain of the requested information, and order requiring Piedmont Gardens to produce that information to the union and refrain from violating the Act in the same manner in the future. The DC Circuit enforced the cited language in the cease-and-desist order only to the extent that it required Piedmont Gardens to comply with the witness-statement disclosure requirements that the Board actually applied in this case: those of Anheuser-Busch (the Anheuser-Busch rule). In other respects, Piedmont Gardens must be treated as any other employer. Because the court's holding eliminated any risk of the only injury that Piedmont Gardens asserted it will suffer due to the Board's adoption of the new rule, Piedmont lacked standing to challenge that portion of the Board's decision. Accordingly, the court denied in part and dismissed in part the petition for review. The court granted the Board's cross-application for enforcement of its order with clarifications. View "American Baptist Homes of the West v. NLRB" on Justia Law