September 16th, 2017
US Court of Appeals for the Fifth Circuit Opinions
Adams and Associates, Inc. v. NLRB
Opinion Date: September 15, 2017
Judge: James Earl Graves, Jr.
Areas of Law: Labor & Employment Law
Adams and MJLM petitioned for review of the Board's order holding them liable for unfair labor practices in violation of the National Labor Relations Act, 29 U.S.C. 151 et seq. The Fifth Circuit denied the petition for review and granted the Board's cross-application for enforcement, holding that the record contained substantial evidence of antiunion animus; Adams's unilateral imposition of initial terms and conditions of employment violated the Act; the Board did not err in ordering Adams to recognize the union as the bargaining representative for the Residential Coordinators; the Board did not err in finding that Adams violated the Act by refusing to grant the union president access to the collective bargaining sessions; and the Board's finding that Adams and MJLM were joint employers was supported by substantial evidence.
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