NLRB v. Bannum Place of Saginaw, LLC, No. 23-1632 (6th Cir. 2024)
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The United States Court of Appeals for the Sixth Circuit ruled in a case involving Bannum Place of Saginaw, LLC and Bannum, Inc., affiliates offering reentry services for formerly incarcerated individuals. After Bannum Saginaw's employees voted to unionize, the company undertook actions that were perceived as anti-union, leading to unfair labor practice charges. Bannum Saginaw was found guilty of firing union supporters Greg Price and Ernie Ahmad. The National Labor Relations Board (NLRB) sought to enforce a supplemental decision and order directing the companies to pay specific backpay amounts to Price and Ahmad.
The court held that Bannum, Inc. and Bannum Saginaw were a single employer and affirmed the Board's decision to jointly hold them responsible for the backpay. The court rejected the argument that this decision violated Bannum, Inc.'s due process rights, noting that when two entities constitute a single employer, notice to one is notice to all. The court also upheld the Board's backpay calculations, dismissing the companies' arguments that the employees had not sufficiently mitigated their damages. Consequently, the court granted the Board's application for enforcement and denied the companies' cross-petition.
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