NLRB Wins 5th Circ. Battle Over Alcoa Handbilling Ban

Law360, New York (February 23, 2017, 6:16 PM EST) -- Aluminum giant Alcoa Inc. and Traco, a window maker it bought in 2010, are single employers and together violated the National Labor Relations Act when Traco barred Alcoa union members from passing out handbills at its facility, a Fifth Circuit panel ruled Wednesday.

In a published opinion, the panel unanimously affirmed a November 2015 National Labor Relations Board decision, ruling among other things that Alcoa and Traco have held themselves out to employees and the public as a single entity and pointing out that Traco followed...
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