NLRB sends Smith case to D.C. for further review

June 30, 2018

Leslie Smith’s chances with the National Labor Relations Board filing a lawsuit on her behalf against Zuffa may have taken a detour after the Regional board was instructed to send the case to Washington D.C. for review by the Division of Advice.

On Friday, Smith’s attorney, Lucas Middlebrook announced that the NLRB Investigation on Zuffa based on Leslie Smith’s Charging Letter had merit and would file a complaint against Zuffa in Federal District Court.  Under 10(j) of the National Labor Relations Act, the NLRB could file an injunction against Zuffa which would likely prohibit the company from designating its contracted athletes as independent contractors and make them statutory employees.

Still, in that scenario, Zuffa would have an opportunity to defend itself in Court and oppose an injunction and file a motion to dismiss the lawsuit.

But, late Friday night, Middelbrook stated that post-decision, Region 4 had been instructed to send the case to D.C. for review.  He opined that this was a favor done by the Republican-led NLRB to the UFC.  As you recall, Dana White and President Donald Trump are friends.  There is no timetable on how long it would take for the Board of Advice to get through with its review.

According to its web site, the Board of Advice, “provides guidance to the General Counsel and to the Regional Officers with respect to difficult or novel legal issues arising in processing of unfair labor practice charges. It determines whether charges have merit and, if so, what legal theories should be advanced in support.”

Payout Perspective:

Its an unfortunate turn of events for those rooting for Smith and her cause.  What this means is that despite a green light from the regional office, it was recommended to send to D.C. for further review.  So, while an initial determination was made, it seems as though someone thought it needed another set of eyes.  Could this case get buried and not be heard of a while?  Likely.  Middlebrook told MMA Fighting that it was in a “holding pattern” at this point.  This is not good news for those wishing for swift justice which appeared to be the timeline as Smith filed her letter with the NLRB in May and a determination was made one month later.  Now, we could be waiting months to see when a complaint will be filed.  Or if it will be filed.

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