The U.S. Court of Appeals for the District of Columbia recently ordered The National Labor Relations Board (“NLRB”) to reimburse an employer for attorneys’ fees it incurred in successfully challenging an Unfair Labor Practice ruling.
The Court held that the NLRB engaged in “bad faith litigation.”
The NLRB had originally found that the employer, a Michigan health care provider, unlawfully refused to bargain to reduce employee work hours.
The Court held that legal precedent clearly showed the employer had no such obligation.
Therefore, the Court refused to enforce the NLRB’s order, and the employer filed a motion for attorneys’ fees, which the NLRB opposed.
The Court said that the NLRB’s tactics forced the employer to waste time and resources fighting for a freedom the NLRB knew our legal precedent would provide.
Calling the NLRB’s conduct “a stubborn refusal to recognize any law,” the Court approved the employer’s request for reimbursement of $17,649 in attorneys’ fees.
If you are embroiled in litigation with the NLRB, contact the experienced attorneys at Luchansky Millman today.