The National Labor Relations Board (NLRB) denied a motion to dismiss filed by the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada, AFL-CIO, Local 127 (the Union). The Union had sought dismissal of a complaint against it, arguing that the complaint failed to state a claim upon which relief could be granted and that it was entitled to judgment as a matter of law. The NLRB found that the Union had not met the burden required to dismiss the complaint on these grounds. As a result of the denial of the motion to dismiss, the NLRB deemed it unnecessary to rule on the General Counsel's separate motion to strike extra-record exhibits submitted by the Union. The decision was issued on February 26, 2026, by Members Prouty, Murphy, and Mayer.
Significant Cases Cited
- NLRB v. Transportation Management Corp., 462 U.S. 393 (1983): This case established that the General Counsel bears the initial burden of establishing a prima facie case of unlawful conduct, after which the burden shifts to the employer to prove an affirmative defense.
- Local Lodge 1424, Int'l Ass'n of Machinists and Aerospace Workers, 362 U.S. 411 (1960): This decision clarified that the six-month statute of limitations for filing unfair labor practice charges begins to run when the alleged unlawful conduct occurs, not when the charging party becomes aware of it.
- Radio Officers' Union v. NLRB, 347 U.S. 17 (1954): The Supreme Court held that union conduct that encourages union membership or requires adherence to union rules, even if it disadvantages non-members, is permissible as long as it does not seek to cause an employer to discriminate against employees for not joining the union.
- NLRB v. Gissel Packing Co., 395 U.S. 575 (1969): This landmark case outlined the conditions under which the NLRB can issue a bargaining order remedy, even in the absence of an election, when an employer has committed serious unfair labor practices that undermine the union's majority support.
- United Supermarkets, Inc., 266 NLRB 1333 (1983): This NLRB decision addressed the standards for determining whether a union has breached its duty of fair representation, which requires that a union act in good faith and without discrimination in its dealings with members of the bargaining unit.
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