NLRB Says Regional Official Wrong On Board's Foreign Reach

Law360 (May 21, 2021, 8:24 PM EDT) -- The National Labor Relations Board on Friday said a regional director strayed from board and U.S. Supreme Court precedent when ordering a union representation election at a federal contractor's facility in Afghanistan, saying the agency doesn't have extraterritorial jurisdiction over the matter.

A three-member panel said a regional director improperly concluded the NLRB has authority over a petitioned-for bargaining unit of workers at Amentum Management Services Inc.'s facility in Kandahar Airfield in Kandahar, Afghanistan. The National Labor Relations Act can't be applied to employers that conduct operations outside U.S. territory, the panel said.

"The regional director interpreted Section 2(6) in a...

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