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AMERICA'S BEST QUALITY COATINGS CORPORATION (ABQC) Petitioner-Cross-Respondent
vs.
NATIONAL LABOR RELATIONS BOARD Respondent-Cross-Petitioner and UNITED ELECTRICAL RADIO AND MACHINE WORKERS OF AMERICA (UE) Intervenor-Petitioner.
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Issues:
Policy and procedure, collective bargaining, union issues.
Case Summary:
Officials with the National Labor Relations Board petition the court for judicial enforcement of an order against America's Best Quality Coatings Corporation. When the company failed to fulfill often repeated promises of wage increases and a vacation plan, employees petitioned for union representation. The company responded by locking out some of the employees who signed the union petitions. The company also initiated a drug testing program The company informed one employee that she had tested positive for drugs, but refused to share written evidence of the test results. The union seeking to represent the employees filed a complaint with the NLRB.
Decision of lower jurisdiction:
The National Labor Relations Board concluded that the company violated fair labor practices and had taken punitive action against several employees. The board ordered the company to cease its actions against its employees and reinstate those who were dismissed under questionable circumstances. The company refused to comply with the order. The NLRB now petitions the court for judicial action.
Outcome:
The NLRB wins. The United State Court of Appeals for the Seventh Circuit affirmed the NLRB's conclusions and ordered the company to comply with the board's instructions.