Organic produce is seen for sale, November 28, 2016 at a Ralph's Supermarket in Irvine, California.
"Shop with a Doc" is a community health program from St. Joseph Hoag Health hospital group which brings medical professionals and nutritionists into local supermarkets to give shoppers the opportunity to ask questions about ingredients and how to make healthy choices  an increasing challenge for customers who are overwhelmed with the number of products claiming various health benefits.  / AFP / Robyn Beck        (Photo credit should read ROBYN BECK/AFP/Getty Images)

Appeals Court Slams NLRB as Labor ‘Advocate’ in Union Arrest Case

Appeals Court Slams NLRB as Labor ‘Advocate’ in Union Arrest Case

By Bill McMorris |

A federal appeals court ruled that a top labor regulator abandoned its mission as a neutral arbiter when it sanctioned a company for calling the police on union organizers for trespassing.

Three organizers from United Food and Commercial Workers (UFCW) Local 555 were arrested in 2009 after refusing to leave a Hillsboro, Ore., Fred Meyer box store following a confrontation with a manager. The union filed a complaint to the National Labor Relations Board alleging the arrests broke the company’s agreement to allow organizers to visit the store. The Board ruled 2-1 in 2015 that “the unlawful expulsion and arrest of union representatives” constituted coercion and intimidation.

The Washington, D.C., Circuit Court of Appeals rejected the board’s conclusion in an Aug. 1 ruling, saying it ignored events leading to the arrest and mischaracterized other factual disputes at issue. The Court unanimously ruled that the manager had the right to call the police because the union failed to give the store advanced notice…

…The Appeals Court called into question the agency’s objectivity. Circuit Judge Janice Rogers Brown said the board’s majority approached the case as “an advocate” for the union, rather than a neutral arbiter. …read more…