NLRB Clarifies Standard for Allowing Newly Discovered Evidence | Practical Law
In Manhattan Center Studios, Inc., the National Labor Relations Board (NLRB) clarified its standard for allowing newly discovered evidence of objectionable election conduct. On remand from the U.S. Court of Appeals for the District of Columbia, the NLRB applied the new standard to deny an employer's purported newly discovered evidence that a supervisor unlawfully encouraged employees to vote for the union. The NLRB also granted summary judgment on an unfair labor practice (ULP) complaint against the employer who challenged the NLRB election results by refusing to bargain with the union.