Paulsen v. 833 Central Owners Corp.

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Labor Law

New York Law Journal

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Judge Jack B. Weinstein

833 Central Owners appealed—to the National Labor Relations Board (NLRB)—an administrative law judge's finding that it violated National Labor Relations Act (NLRA) §7 by firing Shikarchy in retaliation for union activities. The court granted NLRB regional director Paulsen a preliminary injunction under NLRA §10(j) barring 833 from taking actions adverse to protected union activity, reinstating Shikarchy to his former job, and requiring 833's filing of a affidavit of compliance. However, the court stayed the injunction for 10 days to allow 833 to seek a further stay in the Second Circuit. Recounting the specifics of 833's activities, the court found that 833 committed an unfair labor practice against Shikarchy. Evidence before the ALJ and district court supported a finding that 833's conduct has a continuing adverse effect on the labor union's ability to negotiate a new contract. Although he has not been barred from attending negotiations between the union and 833, Shikarchy is barred from 833's premises and limited in his capacity to communicate with fellow union members. Thus, substantial delay in keeping Shikarchy away from his position serves to weaken the union's bargaining position and continues to harm Shikarchy himself.

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