The last NLRB decision of 2011 was easily overlooked in the outrage over Obama’s unconstitutional Board appointments. However, there are powerful clues buried in 2 Sisters Food Group on what to expect from the NLRB in the coming year.
The 2 Sisters decision itself was a no-brainer, the company was found to have illegally terminated a leader of the unionization effort. A finding of illegal termination is generally enough alone to overturn a close election. However the bulk of what Members Becker and Pearce wrote on 2 Sisters considered issues that had no bearing on their decision to overturn. According to Lexology, both the inclusion of these extraneous issues in the UFCW’s complaint and the Board’s unwarranted attention to them serve as ominous signs for 2012. Read More
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