Facts

The Pacific Maritime Association (PMA) and the International Longshore and Warehouse Union (ILWU) are parties to a collective bargaining agreement called the Pacific Coast Longshore Contract Document (PCLCD). The PCLCD established the procedure to be used in the event that an employee complained of harassment or discrimination.

In 2009-2010, three employees filed grievances that they had been discriminated against and harassed by Eric Aldape as a result of flyers created by Aldape.

In two of the three cases, an arbitrator found that Aldape had violated the PCLCD. Adalpe subsequently filed a complaint with the National Labor Relations Board. The complaint alleged that the Union violated Section 8(b)(1)(A) of the National Labor Relations Act through its involvement in the prosecution of the three grievances under the harassment and discrimination procedure, and that the employer violated Section 8(a)(1) by its actions in connection with one grievance.

Result

The Board adopted the administrative law judge's findings that the complaint should be dismissed. The Board found that with respect to the first grievance, the allegations were barred by the statute of limitations. With respect to the second grievance, the Board found that Aldape was not engaged in protected activity. As to the third, the Board found that the hearing alone was not a proper basis to impose unfair labor practice liability on the Respondents.