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Ozark Auto. Distribs., Inc. v. NLRB

Articles Discussing Case:

Persistence Pays Off: Federal Appeals Court Rejects NLRB’s Bid for Enforcement of Employer Bargaining Order

Franczek Radelet P.C • February 18, 2015
Last week, in Ozark Auto. Distribs., Inc. v. NLRB, the D.C. Circuit rejected the National Labor Relations Board’s attempt to enforce a bargaining order against an employer who had refused to bargain with a newly certified union. The court found that during the post-election proceedings, the NLRB improperly revoked the employer’s subpoenas which sought documents concerning whether the union could be held responsible for pre-election threats to voters. The court ruled that the NLRB used “flawed” reasoning and failed to adequately balance employees’ confidentiality interests against the company’s need for the requested information.