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Labor Board Swats Down
Biden Appointee

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Posted By: Imright, 5/22/2021 3:57:12 PM

The top federal labor arbiter smacked down a controversial Biden appointee's move to dismiss a worker's complaint against union leaders.National Labor Relations Board acting general counsel Peter Ohr attempted to withdraw the agency's support for a Texas nurse who accused union and company officials of conspiring against workers. Three members of the five-member NLRB, which enforces federal labor law, said the Biden appointee ignored "significant legal issues" the case presented."This case presents significant legal issues regarding the duty of fair representation and the appropriate framework for resolving allegations that a union breached that duty,"

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Reply 1 - Posted by: Mushroom 5/22/2021 4:15:46 PM (No. 793717)
Ohr....where have I heard that name?
2 people like this.

Reply 2 - Posted by: bad-hair 5/22/2021 7:29:21 PM (No. 793832)
Whack a Mole.
1 person likes this.

Reply 3 - Posted by: lakerman1 5/22/2021 7:36:07 PM (No. 793837)
I will give a quick lesson for you people, because I used to teach this stuff. The 'duty of fair representation' was created by a federal district court judge around 1945. A black steelworker filed a grievance, in Alabama, and the Steelworkers Union ignored his grievance. The judge ruled that a union has an obligation to accept a grievance, investigate it, and file it with the Employer. The Union was not obligated to move the case to arbitration. That was precedence, and unions behaved accordingly. Then in the 1980s, along came Bowen v. U.S. Postal Service. Bowen was a postal delivery man, drove a truck, and wrecked trucks multiple times. The Postal Service fired him, he filed a grievance, the union pursued the grievance up to , but short of arbitration, believing that Bowen could not win in arbitration. The U.S. Supreme Court ruled that the union, had it gone to arbitration, would have won. Therefore, the Court ruled that the union was 50% liable for Bowen's back pay and lost benefits. We arbitrators consider that decision by the Court to be the full employment act for arbitrators.
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