Nabors Alaska Drilling, Inc. v. National Labor Relations Board

Nabors Alaska Drilling, Inc. petitions this court for a review of two final orders of the National Labor Relations Board (“NLRB” or “Board”). The Board cross-petitions for enforcement of the orders. In one case, the Board held in part that Nabors committed an unfair labor practice under § 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) (1994) (the “Act”), by denying non-employee organizers access to Nabors’ jobsites during an election campaign (the “access case”). The Board ordered Nabors to permit union organizers access to jobsites and to post a notice of intent to comply with the order. In the other case, the Board held in part that Nabors violated § 8(a)(1) & (3) of the Act, 29 U.S.C. § 158 (a)(1) & (3), by diseriminatorily discharging two employees because of anti-union animus (the “discharge case”). The Board ordered Nabors to reinstate the terminated employees with back pay and to post a notice regarding the order.

We have jurisdiction under 29 U.S.C. § 160 (e) & (f) (1994), and we agree with the Board on all issues with the exception of the remedy imposed in the discharge case. We therefore grant in part and deny in part Nabors’ petition for review,…