Alden Leeds, Inc. v. NLRB, No. 11-1267 (D.C. Cir. 2016)
Annotate this CaseAlden Leeds seeks review of the Board's finding that it had violated Sections 8(a)(1) and (3) of the National Labor Relations Act (NLRA), 29 U.S.C. 58(a)(1), (3), by locking out its employees on November 3, 2009, without providing the employees with a timely, clear, and complete offer setting forth the conditions necessary to avoid the lockout. The court held that there is substantial evidence to support the Board’s finding that Alden Leeds violated the Act by locking out its employees on November 3, 2009, and thus denied Alden Leed's petition for review on this issue and granted the Board’s cross-application for enforcement. In this case, a reasonable factfinder, in considering the email the company sent to the Union, could conclude that the company's proposal to the Union regarding health care was unclear. The court also concluded that there are no extraordinary circumstances in this case which gives the court jurisdiction to address Alden Leed's claim that the Board erred in precluding it from litigating its backpay liability in a compliance proceeding.
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