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UPS Wrongly fired Driver for Union Activities but stays fired due to Facebook postings
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<blockquote data-quote="badsporh" data-source="post: 4301674" data-attributes="member: 9407"><p>Currently the NLRB (the Board) in DC is attempting to use RA's case to set new precedent by overturning existing precedent that has allowed his case to progress as far as it has.</p><p></p><p>RA's case has been able to get to this point in part because of something called the Babcock and Wilcox review standard.</p><p></p><p>Simply put, this standard or precedent allows cases brought before the Board to not be deferred to the grievance machinery when there is a likelihood that those who are supposed to be on the union member's side (the union representatives or State Panel members) are actually adversarial to the member or political enemies of the member. </p><p></p><p>The previous standard (that was overturned in favor of Babcock in 2014) was the Spielberg review standard. The Board is attempting to go back to this standard and apply it retroactively to RA's case. The Spielberg standard did not care if the State Panel was made up of political enemies, thus meaning if you lost at State Panel the NLRB would consider that your 'bite at the apple' and consider your case to be deferred or over.</p><p></p><p>If the Board is successful in using RA's case to change this standard, the ALJ's decision will be vacated and the Board will attempt to declare RA's case null and void.</p><p></p><p>UPS's legal counsel and the US Chamber of Commerce have written briefs in favor of returning to the Spielberg review.</p><p></p><p>The Association for Union Democracy and RA's legal counsel have written briefs in favor of keeping the Babcock and Wilcox review standard.</p></blockquote><p></p>
[QUOTE="badsporh, post: 4301674, member: 9407"] Currently the NLRB (the Board) in DC is attempting to use RA's case to set new precedent by overturning existing precedent that has allowed his case to progress as far as it has. RA's case has been able to get to this point in part because of something called the Babcock and Wilcox review standard. Simply put, this standard or precedent allows cases brought before the Board to not be deferred to the grievance machinery when there is a likelihood that those who are supposed to be on the union member's side (the union representatives or State Panel members) are actually adversarial to the member or political enemies of the member. The previous standard (that was overturned in favor of Babcock in 2014) was the Spielberg review standard. The Board is attempting to go back to this standard and apply it retroactively to RA's case. The Spielberg standard did not care if the State Panel was made up of political enemies, thus meaning if you lost at State Panel the NLRB would consider that your 'bite at the apple' and consider your case to be deferred or over. If the Board is successful in using RA's case to change this standard, the ALJ's decision will be vacated and the Board will attempt to declare RA's case null and void. UPS's legal counsel and the US Chamber of Commerce have written briefs in favor of returning to the Spielberg review. The Association for Union Democracy and RA's legal counsel have written briefs in favor of keeping the Babcock and Wilcox review standard. [/QUOTE]
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