Possible Affirmative Defense Against Labor Charges: Paranormal Infestation?

The National Labor Relations Board (NLRB) ruled on "Brian David Sanderson d/b/a ABS Heating and Cooling and Local 7, Sheet Metal Workers International Association, AFL-CIO" on April 7, 2008. The decision can be found at the NLRB website.

On April 2, NLRB Chairman Schaumber, testified to a congressional subcommittee that 15% of the NLRB's cases are being turned away because of unfilled vacancies on the board, and that those vacancies are limiting decisions to opinions on which he and the only other board member, Wilma Liebman, agree. This development was reported on by this author on April 3.

ABS vs. Local 7 is one such case. In this case, the respondent, David Sanderson - the sole proprietor of ABS Heating and Cooling, a Linden, Michigan HVAC Concern, entered into a letter of ascent accepting the Sheet Metal workers as the limited exclusive bargaining representative for employees engaged in the servicing of residential heating and air conditioning systems among other responsibilities. There is no evidence that there was ever a majority status among the employees for the union.

Since May of 2007, ABS has not complied with the terms and conditions of the collective bargaining agreement which is set to expire on April 30, 2008; based on the remedy issued in the NLRB decision, it would seem ABS failed to pay the collectively bargained wages and payments to benefits plans.

Despite the company's requests for, and the NLRB's having granted extensions to timelines in the proceedings, ABS failed to file an answer to the complaint issued by the NLRB General Counsel and therefore, the allegations were undisputed and the Board found in the Sheet Metal Workers favor.

However, a close examination of the timelines reveals a possible reason for the company's legal woes - specifically the point at which ABS began failing to comply with the terms of the collective bargaining agreement coincides with an investigation by "The Other Side of Life" Paranormal Investigation Group into paranormal activity at the ABS headquarters. Video evidence of the paranormal activity this group uncovered in May, 2007 is posted on YouTube and with additional footage available on their website.

This author has found no evidence to support a contention that paranormal forces infiltrating a company headquarters would have been a defense from National Labor Relations Act (NLRA) charges or for being good cause in failing to respond to the NLRB charge, however at this point the world may never know.

REFERENCE:

Case 7-CA-50842, Brian David Sanderson d/b/a ABS Heating and Cooling and Local 7, Sheet Metal Workers International Association, AFL-CIO, NLRB Decision (PDF)

ABS Heating and Cooling Company Website

Other Side of Life Video of ABS paranormal investigation on YouTube.com