Leslie Smith NLRB Appeal is denied

December 4, 2018

Leslie Smith’s appeal of the dismissal of her NLRB complaint has been denied.  According to the NLRB web site a denial letter was issued on November 27, 2018.

In May, Smith filed a labor complaint against Zuffa last May citing the company took adverse action against Smith due to her involvement in a protected activity.  As we know, Smith is an ardent supporter of Project Spearhead, a group supporting athlete’s right and the need for an association/union.  The NLRB investigator found merit in her claim and there was an indication in June that the NLRB would file a complaint against Zuffa based on the evidence provided by Smith.  But the case was sent to Washington D.C. for review by the Division of Advice.

After it was turned over to the Washington D.C. office, the NLRB reversed course and in September dismissed Smith’s claim citing that the UFC’s conduct actually benefited Smith.

In light of the dismissal, Smith’s attorney, Lucas Middelbrook, filed an appeal, requesting that the same Investigator that initially was assigned to the matter to reconsider the dismissal.  It also requested the recusal of NLRB’s General Counsel Peter Robb and Deputy General Counsel John W. Kyle.  Middlebrook asserted that Robb and Kyle were directly involved with the decision to dismiss Smith’s case.

The latest news looks as though the NLRB has reviewed the appeal and has upheld the dismissal.

Payout Perspective:

Bad timing for this news as Smith will appear on Samantha Bee’s “Fully Loaded,” talking about her quest for better fighter rights.  It airs Wednesday night.  If there is an appeal of this board decision it will go to the United States Court of Appeals.  This denial is not too surprising based on the decision this past September.  MMA Payout will have more information on this matter.

 

 

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