Tuesday, November 21, 2006

New and Improved NLRB Website

The NLRB has updated its website. The website allows anyone, after registering, to access an electronic docket of any case pending before the Board. For example, you can view the electronic docket for Midwest Generation, 13-CA-39643, by clicking here and inserting "Midwest Generation" in the "Case Name" box. I discussed the Board's decision in Midwest Generation in this post. In that case, the Board held that an employer did not violate the Act when it locked out full-term strikers while allowing non-strikers and crossovers to continue working. The Seventh Circuit refused to enforce that decision and remanded the case to the Board with an order to find that the partial lockout was unlawful. The electronic docket is interesting in that it shows that the Board initially authorized the General Counsel to ask the Solicitor General to file a cert petition. Evidently, that didn't work out. The Board never filed a cert petition, and it actually opposed the employer's cert petition. The Supreme Court ultimately declined to take the case.


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