Industrial, Technical & Professional Employees Division, National Maritime Union v. National Labor Relations Board

The National Labor Relations Board (the “Board”) found that Monfort of Colorado, Inc. (“Monfort”) violated §§ 8(a)(1) and (2) of the National Labor Relations Act (“Act”), 29 U.S.C. §§ 158 (a)(1) and (2), by giving unlawful assistance and support to the National Maritime Union (“NMU”) and by recognizing, and entering into a collective bargaining agreement with, NMU at a time when NMU did not represent an uncoerced majority of Monfort’s employees. The Board found that NMU violated § 8(b)(1)(A) of the Act, 29 U.S.C. § 158 (b)(1)(A), by accepting such unlawful assistance and recognition from Monfort. The Board ordered Monfort to withdraw *307 recognition from NMU and required NMU to cease acting as the exclusive bargaining agent of Monfort’s employees. The Board also ordered Monfort and NMU to jointly and severally reimburse all former and present Monfort employees for NMU dues and union fees deducted pursuant to the unlawful collective bargaining agreement. Monfort and NMU seek review of the Board’s decision and order. The Board cross-applies for enforcement of its order. The United Food and Commercial Workers International Union (“UFCU”), the charging party before the Board,…