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Brentwood at Hobart v. NLRB

United States Court of Appeals for the Sixth Circuit

675 F.3d 999 (2012)

Facts

Employees of Brentwood at Hobart (Brentwood) (plaintiff) decided to unionize through the Service Employees International Union (the union). To attempt to convince employees to support the union, the union handed out flyers and other literature. Flyers were handed out on August 14 and September 18, 2009. The employees voted to unionize, and Brentwood objected to the results. Specifically, Brentwood highlighted the September 18 flyer, which contained photographs of employees, and claimed the flyer may have conveyed a false impression that the photographed employees supported the union. The NLRB ordered a hearing on Brentwood’s objection. At the hearing, Brentwood attempted to introduce the August 14 flyer as well. The hearing officer excluded the August 14 flyer because it was not included in Brentwood’s objections. The hearing officer rejected Brentwood’s objections and certified the union. Brentwood then refused to bargain with the union, which the NLRB found to be an unfair labor practice. Brentwood appealed.

Rule of Law

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Issue

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Holding and Reasoning (Sutton, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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