[Download] "Local Joint Executive Board of Las Vegas v. National Labor Relations Board" by Ninth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: Local Joint Executive Board of Las Vegas v. National Labor Relations Board
• Author : Ninth Circuit U.S. Court of Appeals
• Release Date : January 28, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

Description

FOR PUBLICATION Argued and Submitted November 8, 2001--San Francisco, California OPINION Petitioner Local Joint Executive Board of Las Vegas, Culinary Workers Union Local 226 and Bartenders Union Local 165 (""the Union""), 1 petitions for review of a National Labor Relations Board (""NLRB"" or ""the Board"") order dismissing its consolidated complaints against Hacienda Resort Hotel and Casino and Sahara Hotel and Casino (""the Employers""). The Board concluded that the Employers had not violated sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (""NLRA"" or ""the Act""), 29 U.S.C. §§ 158(a)(1) and (5), in unilaterally discontinuing dues-checkoff after expiration of their collective bargaining agreements with the Union. The Union contends that, in the absence of a union security provision in the expired agreement, an employer's obligation to abide by a dues-checkoff arrangement survives expiration of the contract under the ""unilateral change doctrine"" of NLRB v. Katz, 369 U.S. 736 (1962). Accordingly, the Union argues that the Employers committed an unfair labor practice in violation of sections 8(a)(1) and 8(a)(5) of the Act when they unilaterally terminated dues-checkoff before bargaining to agreement or impasse. We have jurisdiction under section 10(f) of the NLRA, 29 U.S.C. § 160(f), and grant the petition for review. Because we are unable to discern the Board's rationale for excluding dues-checkoff from the unilateral change doctrine in the absence of union security, we grant the petition for review, vacate the decision of the Board, and remand so that the Board can articulate a reasoned explanation for the rule it adopted, or adopt a different rule and present a reasoned explanation to support it.

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