Michael A. Evans successfully represented the Iron Workers Regional District Council before the National Labor Relations Board in Gulf Coast Rebar, Inc., 365 NLRB No. 128 (2017).  The Union filed an unfair labor practice against the employer for failing to respond to an information request pursuant to Section 8(a)(5) of the National Labor Relations Act.  An administrative law judge found that the employer had no obligation to respond to the information request because it had repudiated the collective bargaining agreement.  The judge found repudiation because the employer’s lawyer had sent the union a letter purporting to terminate the agreement in 2011.  The NLRB reversed the judge’s decision.  It found that no repudiation occurred because, subsequent to the letter, the employer moved to compel arbitration under the collective bargaining agreement in related litigation ongoing in the U.S. Court for the District of Oregon.  The NLRB agreed with the Union’s position that moving to compel arbitration under a collective bargaining agreement is inconsistent with a claim of repudiation.

 

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