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Document delay is unfair labor practice.

Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming

WHEN A NEW MEXICO POWER COMPANY refused to furnish requested documents in a labor dispute until right before the hearing, the National Labor Relations Board (NLRB) found that the company's actions constituted an unfair labor practice. On Aug. 28, in Public Service Company of New Mexico v. NLRB, the 10th Circuit agreed.

Robert Madrid, a bill collector for the power company, allegedly cut a delinquent customer's gas line in anger without the permission of his supervisor. The company fired him for violating state law and its ethics policy. Madrid's union filed a grievance on his behalf, claiming he was treated more harshly than other employees who had committed similar wrongs. The union requested the company's personnel actions so that it could substantiate this claim, but the company refused to give up the documents, saying they were irrelevant.

Right before a hearing with an NLRB administrative law judge (ALJ), the company decided to provide the documents. But it was too late, as both the ALJ and then the NLRB itself found that because of the company's delay in providing the documents, it had engaged in an unfair labor practice. In its decision, the 10th Circuit granted the NLRB's petition for enforcement of its order.
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Title Annotation:10TH CIRCUIT
Author:Beck, Julie
Publication:InsideCounsel
Date:Nov 1, 2012
Words:210
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