D.C. Circuit Slaps Down NLRB for Company Reopening Order

May 11, 2021, 6:42 PM

The National Labor Relations Board must reconsider its ruling that instructed a Bronx concrete company to reopen its truck repair operation that’s been defunct since 2018, a federal appeals court in Washington, D.C., said.

The NLRB failed to weigh whether ordering Concrete Express of New York LLC to resurrect RAV Truck and Trailer Repairs Inc. was “legally permissible, feasible, necessary, or unduly burdensome,” the U.S. Court of Appeals for the District of Columbia Circuit said Tuesday. Concrete Express and RAV are a single employer for the purposes of the case, the court said.

“The principal problem is that the Board’s ...

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