NLRB allows a ‘do-over’ after ALJ error

Labor Daze

By Frank J. Saibert

Frank J. Saibert is a partner in the labor and employment practice at Nixon, Peabody LLP. He represents public- and private-sector employers nationwide in labor relations and employment matters. He is past president of the Chicago chapter of the National Human Resources Association and a former Lyons Township committeeman. He can be reached at fjsaibert@nixonpeabody.com.

Posted March 22, 2017 1:32 PM

A divided National Labor Relations Board recently remanded a board administrative law judge’s pro-union but clearly erroneous decision in a union discharge case.The remand very well may allow the ALJ to correct his erroneous reasoning and still reach the clear pro-union result.The case, Taylor Motors Inc., 365 NLRB No. 21 (March 13, 2017), arose from a 2014 union representation election at Taylor Motors’ Fort Campbell, Ky., facility.According to two Taylor employees who were waiting to vote, their co-worker …

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