Alexander Acosta, President Donald Trump’s nominee as the next Secretary of Labor, served on the National Labor Relations Board from December 17, 2002, to August 21, 2003. He was confirmed by the United States Senate on November 22, 2002, having been nominated by President George W. Bush. During his term, Acosta participated in the issuance of more than 120 opinions.
Acosta on Strikes
In Alexandria Clinic, 339 NLRB 1262 (2003), the NLRB decided that an employer did not violate the National Labor Relations Act when it terminated several employees who had gone out on strike. In that case, the union had given a strike notice to the employer-hospital setting the date and time for a strike. Thereafter, the union delayed the strike for four hours. The employer terminated the striking employees, and the Board found the terminations were lawful. Interpreting Section 8(g) of the Act, the Board decided that, once a 10-day notice is given to an employer, it may be extended only by the written agreement of both parties.
In USF Red Star, Inc., 339 NLRB 389 (2003), among other things, the employer gave warnings to employees who had worn a button on which was written “Overnite Contract in ’99 Shut Overnight Management Down or 100,000 Teamsters will.” The Board panel found the employer’s giving of the warnings violated the NLRA. In 1199, National Health & Human Services Employees Union, SEIU, AFL-CIO, 339 NLRB 1059 (2003), the Board decided that the union violated the NLRA when an organizer engaged in a series of open confrontations with managers, supervisors, and security guards employed by the employer-hospital. Agreeing with the administrative law judge, the NLRB found that the organizer’s actions violated the NLRA.
In a law review article, “Rebuilding the Board: An Argument for Structural Change, Over Policy Prescriptions, at the NLRB,” Acosta advocated for more NLRB rulemaking. FIU Law Review, Volume 5, Number 2 (Spring 2010).