NLRB v. Allied Mechanical Services, Inc.

This appeal focuses on two Decisions and Orders issued by the National Labor Relations Board (“the Board” or “the NLRB”): Allied Mechanical Services, Inc., 341 N.L.R.B. 1084 (2004) (“Allied”), and Allied Mechanical Services, Inc., 351 N.L.R.B. 79 (2007) (“Allied Supp.”). Allied Mechanical Services, Inc. (“Allied” or “the Company”) has petitioned for review to challenge certain aspects of the Board’s actions, and the Board has cross-petitioned for enforcement.

In Allied, the Board determined that the Company had violated sections 8(a)(3) and 8(a)(1) of the National Labor Relations Act (“the Act”), see 29 U.S.C. § 158(a)(3), (a)(1) (2006), by refusing to consider and hire four job applicants because of their union membership and by refusing to reinstate ten strikers upon their unconditional offers to return to work. The Company does not contest these determinations on appeal.

In Allied Supp., the Board found that Allied and Local Union 357 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO (“the Union” or “Local 357”) had a section 9(a) bargaining relationship, see 29 U.S.C. § 159(a) (2006), and that Allied therefore violated sections 8(a)(5) and (1) of the Act, 29 U.S.C. § 158(a)(5), (a)(1), by unilaterally changing its job-application procedures, by refusing to furnish information to the Union, and by withdrawing recognition from the Union. The Board ordered Allied to cease and desist from its unlawful activities and to recognize and, upon request, bargain with the Union. Allied Supp., 351 N.L.R.B. at 82-87.

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