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Worker Penalized Under Wrong Union Contract, NRLB Says

Law360 (May 3, 2019, 9:10 PM EDT) -- A split National Labor Relations Board has found a marine container terminal operator and its bargaining representative couldn’t legally apply anti-bias policies contained in a contract with one union to resolve alleged misconduct by a worker who was part of a different bargaining unit.  

The panel’s Thursday decision addressed how Long Beach Container Terminal watchman Demetrius Pleas — covered by the ILWU, Warehouse, Processing and Distribution Workers’ Union, Local 26 collective bargaining agreement — should have been disciplined for “racial name-calling” against a marine clerk, who was covered by an International Longshore and Warehouse Union CBA.

Both employees were LBCT...

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