Construction Firm’s NLRB Appeal Falls Short at Sixth Circuit (1)

The National Labor Relations Board applied the correct legal standard to find that a union properly withdrew from bargaining with an industry group that represents road construction companies operating in Michigan, a federal appeals court ruled.

The US Court of Appeals for the Sixth Circuit rejected Rieth-Riley Construction Co.’s challenge Wednesday to the NLRB’s approval of the union’s withdrawal, which buttressed several of the board’s unfair labor practice holdings against the company.

The Sixth Circuit endorsed the NLRB’s reading of a standard for withdrawing from multi-employer bargaining from 1958’s Retail Associates, Inc., allowing parties to back away if negotiations ...