Ozburn-Hessey Logistics, LLC v. National Labor Relations Board, No. 18-2217 (6th Cir. 2019)
Annotate this CaseOHL, a third-party logistics company that provides transportation, warehousing, and supply-chain management services for other companies, operates warehouses throughout the country, including five in Memphis. OHL and the National Labor Relations Board have “a long and acrimonious history,” during which OHL has engaged in multiple unfair labor practices and anti-union activity. In this dispute, the Board found that OHL violated the National Labor Relations Act when it unilaterally changed its employee attendance policy two separate times without giving the union that represents its employees notice and the opportunity to bargain, and then discharged an employee pursuant to the new policy. OHL challenged the finding with respect to the second violation on due process grounds, arguing that it was neither specifically alleged in the administrative complaint nor tried at the hearing before an administrative law judge. OHL argued that the change to the attendance policy did not cause the employee’s discharge. The Sixth Circuit granted enforcement of the Board’s order. The Board did not deprive OHL of due process. While the second violation was not specifically alleged in the charge or the complaint, the record is replete with evidence that the Board provided ample notice to OHL; the parties thoroughly litigated the issue.
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