Although the Board relied on new evidence of the union’s reasonable belief at the ULP hearing, Board precedent permitted that practice, and the employer forfeited any challenge to that precedent.
Substantial evidence supported a divided NLRB decision finding that an employer violated Sections 8(a)(5) and (1) of the NLRA by failing to furnish information requested by a local union pertaining to non-union technicians working within the union’s jurisdiction, the D.C. Circuit ruled in denying the employer’s petition for review and granting the Board’s cross-application for enforcement of its order. The union business manager’s written request for information regarding whether non-unit technicians were working in the union’s jurisdiction, as well as the regional manager’s confirmation in a follow-up phone call, supported the union’s reasonable belief regarding diversion of union work (CenturyTel of Montana, Inc. v. NLRB, No. 24-1346 (D.C. Cir. Jan. 13, 2026)).
CBA. The employer is a national telecommunications company with a presence in several states, including Montana. For decades, it had a collective bargaining agreement (CBA) with the union, which represented a unit of technicians in northwest Montana. The CBA included a letter of understanding on crossing jurisdictional boundaries, which stated that the employer “may have employees from other bargaining units work within this bargaining unit’s jurisdiction only when no employees from this bargaining unit are available or...
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