Intertape Polymer Corp. v. NLRB

Intertape petitioned for review of the Board's order concluding that Intertape committed three unfair labor practices prior to and during the course of a union campaign, in violation of Section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. 58(a)(1), and directing that a second election be held based upon two of the three violations. The Board cross-petitioned for enforcement. The court enforced the portion of the Board’s order concluding that Intertape engaged in unlawful interrogation of an employee in February of 2012, as well as the portion of the Board’s order concluding that Intertape unlawfully confiscated union flyers in March of 2012. The court denied enforcement, however, of the Board’s order concluding that Intertape engaged in unlawful surveillance of union activity in April of 2012, and remanded to the Board so that it can modify its order. Because the court's decision eliminates one of the bases upon which the Board set aside the election, the Board will need to reconsider its decision to direct a second election. Accordingly, the court granted the petition in part and denied it in part. View "Intertape Polymer Corp. v. NLRB" on Justia Law