A D.C. Circuit Court has ordered the National Labor Relations Board (NLRB) to pay the legal fees Heartland Health Care Center — Plymouth incurred while defending itself in a case the NLRB allegedly knew it couldn’t win due to precedent, reports Law 360.
“Facts may be stubborn things, but the board’s longstanding ‘nonacquiescence’ towards the law of any circuit diverging from the board’s preferred national labor policy takes obduracy to a new level,” Circuit Judge Janice Rogers Brown wrote.
The NLRB has a history of observing its own rulings on labor law and ignoring conflicting rulings from federal appeals courts.
The board “contends this general practice helps achieve a national uniform labor policy. But Judge Brown wrote Friday it can just as easily become ‘an instrument of oppression’.”