NLRB Ignored Precedent and Pro-Union Threats, Should Have Set Aside Election: DC Circuit | Practical Law
In ManorCare of Kingston PA, LLC v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that the National Labor Relations Board (NLRB) ignored its own precedent, disregarded the impact that alleged employee threats had on other voting employees who were subjected to the threats, and failed to set aside a very close election in which the threats instilled fear in employees and destroyed the "laboratory conditions" necessary for a fair and free election.