NLRB v. Bannum Inc., No. 23-1695 (6th Cir. 2024)
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In the case between the National Labor Relations Board (NLRB) and Bannum Place of Saginaw, LLC and Bannum, Inc., the court ruled in favor of the NLRB.
Bannum Place of Saginaw, a provider of reentry services for formerly incarcerated individuals, had been found to have engaged in unfair labor practices, including the termination of two union supporters. The NLRB sought enforcement of its decision to award specific backpay amounts to the two affected employees. Bannum contested this decision, arguing that Bannum, Inc. and Bannum Place of Saginaw were not a single employer and that the backpay calculation was erroneous.
The court, however, upheld the NLRB's decision, noting that substantial evidence supported the finding that Bannum, Inc. and Bannum Place of Saginaw constituted a single employer. The court also rejected Bannum's argument that the backpay calculation was erroneous, stating that the burden was on the employer to establish facts that would mitigate that liability. The court also dismissed Bannum’s claims that its due process rights were violated, explaining that the relationship between Bannum, Inc. and Bannum Place of Saginaw was so interrelated that they actually constituted a single integrated enterprise.
In conclusion, the court granted the NLRB's application for enforcement and denied Bannum's cross-petition.
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