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Overstreet v. El Paso Disposal, L.P., No. 09-51006

By FindLaw Staff on November 05, 2010 | Last updated on March 21, 2019

Unfair Labor Practice Injunction Affirmed

In Overstreet v. El Paso Disposal, L.P., No. 09-51006, an employer's appeal from the district court's grant of temporary injunctive relief requiring defendant to cease and desist from alleged unfair labor practices, the court affirmed the order where 1) the district court did not abuse its discretion in mandating that defendant reinstate the striking workers; and 2) the district court did not err by ordering defendant to adopt the union's proposed Dues-Check off provision.


As the court wrote:  "Following union certification, thirteen months of bargaining, and a strike,
Plaintiff-Appellee the National Labor Relations Board ("the NLRB" or "the Board") filed charges of unfair practices against Defendant-Appellant El Paso Disposal ("EPD"). The NLRB also filed a petition in the district court for temporary injunctive relief, seeking to force EPD to (1) cease and desist from alleged unfair labor practices, (2) recognize and bargain in good faith with the certified union, (3) rescind unlawful unilateral changes in working conditions, and (4) offer to reinstate the former strikers."

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