National Labor Relations Board v. Jam Productions, Ltd.

The Union sought to represent Jam’s employees, part-time stagehands who handle equipment at various venues; their employment is sporadic. On September 30, 2015, Jam and the Union identified the potential bargaining unit as full-time and regular part-time production employees at specific venues, employed during the payroll period ending on October 4, 2015. The petition was held in abeyance pending the investigation of the Union's unfair labor practice charge, based on Jam’s termination of a crew leader and 53 employees.The charge was resolved in April 2016; Jam would reinstate the employees by offering them immediate, full participation in Jam’s “on-call list.” In the May 2016 election, Jam included on its voter eligibility list five stagehands hired during two weeks after October 4, 2015. The Union prevailed 22-10; an additional 21 ballots were challenged. Five were ballots cast by employees hired during the two week period. The Board’s Acting Regional Director concluded that Jam’s challenge fell short of requiring that the election be aside. The Director sustained the Union’s challenges to the ballots of four of the “two week” employees and certified the Union. An NLRB panel affirmed. The Seventh Circuit declined to enforce the order requiring Jam to bargain with the Union, finding enough evidence to warrant an evidentiary hearing on Jam’s argument that, in the period before the election, the Union attempted to influence the election outcome by steering premium union jobs to Jam employees. View "National Labor Relations Board v. Jam Productions, Ltd." on Justia Law