Laborers International Union of North America, Local 872 v. National Labor Relations Board

MEMORANDUM *

Laborers International Union of North America, Local 872 (“the Union”), petitions for review of an NLRB order dismissing its complaint against American Golf Corporation (“American”). The Union alleges that American committed an unfair labor practice when it withdrew recognition from the Union a little more than six months after the parties resumed negotiations on an initial contract, following a prior Board finding that American had committed an unfair labor practice by withdrawing recognition from the Union without proper justification. The Board dismissed the Union’s complaint, holding that American had satisfied its obligations under Lee Lumber & Building Material Corp., 334 NLRB 399 (2001), by bargaining with the Union for a “reasonable period of time” before withdrawing recognition. Am. Golf Corp., 350 NLRB 264 , 265-67 (2007). The Union appeals, arguing that the Board’s decision is not supported by substantial evidence on the record as a whole. See 29 U.S.C. § 160 (f); Universal Camera Corp. v. NLRB, 340 U.S. 474, 491 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951). We agree and therefore grant the petition.

In concluding that American bargained with the Union for a…