Advanced Life Systems Inc. v. NLRB

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Advanced Life petitioned for review of the Board's order determining that the company was liable for two violations of Section 8(a)(1) of the National Labor Relations Act based on the owner's statements immediately before and four months after the election that tied the temporary halt in wage increases to the need to negotiate with the Union; two violations of section 8(a)(3) for discriminatorily ceasing pay raises and Christmas bonuses following the election; and one violation of Section 8(a)(5) for unilaterally changing the employees' wages by halting the Christmas gifts.The DC Circuit held that the Board's finding that the owner's two statements -- both of which were made proximate to the Union election and in his capacity as Advanced Life's owner and operator -- violated Section 8(a)(1) was supported by substantial evidence. Therefore, the court denied the petition as to that claim and granted the Board's cross-application for enforcement. In regard to the remaining claims, the court granted Advanced Life's petition for review where no substantial evidence supported the finding that the company had a discriminatory motive in denying pay increases; and substantial evidence did not support treating Christmas bonuses as company wages or bonuses. View "Advanced Life Systems Inc. v. NLRB" on Justia Law