NLRB dismisses Leslie Smith's complaint against UFC

Discussion in 'Cageside - MMA Discussion' started by FrankieNYC, Sep 26, 2018.

  1. FrankieNYC

    FrankieNYC "My balls was hot!"

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    NLRB dismisses Leslie Smith's complaint against UFC; attorney vows to appeal

    Leslie Smith has suffered a big setback in her labor fight with the UFC.


    The National Labor Relations Board dismissed her complaint against the UFC on Sept. 19, according to online records. Smith’s attorney, Lucas Middlebrook, has vowed to appeal the decision by an Oct. 3 deadline.


    In a panel discussion held Tuesday at Rutgers University, Middlebrook said the NLRB’s main office determined the UFC didn’t retaliate against Smith when it bought her out of her contract and released her after a canceled fight against Aspen Ladd in April at UFC Fight Night 128.


    Because it was ruled the UFC didn’t retaliate, Middlebrook said, the agency wasn’t required to answer the question of whether she is an employee or independent contractor, which was a central part of her complaint against the promotion.
     
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  2. lordofthepies

    lordofthepies Posting Machine

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    Another win for the little guy.

    Trump's appointed corporate guys doing a favor for Trump's buddy Dana.
     
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  3. Ted Williams' head

    Ted Williams' head It's freezing in here!

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    I wonder what the logic was in determining that it wasn't retaliatory? I don't believe there is a precedent of firing fighters for refusing to fight opponents who miss weight. Leslie was on a two fight winning streak and had a great performance against Lemos.

    Maybe they bought into that the UFC canned her for publicly bashing the company?
     
  4. ender852

    ender852 Well-Known Member

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    If a boss fires an employee for calling him a fucking idiot, is that retaliatory? Isn't retaliation a perfectly acceptable reason to fire someone if you own a company?
     
  5. lordofthepies

    lordofthepies Posting Machine

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    The logic was that the NRLB is now run by pro-busisness Trump appointments. Whether or not there was any real legal justification for the decision, and there are plenty of ways to rationalize almost any decision, doesn't really matter right now. The appeal will tell us more.
     
  6. lordofthepies

    lordofthepies Posting Machine

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    Also, I know this board is infested with Trump supporting dipshits - read the article. Why was the complaint moved to head office in DC and why did the director supposedly (it would pretty silly for Middlebrook just to lie about it) admit that he has never seen that happen before? Pretty fucking convenient, huh?

    Your orange god is almost certainly fucking MMA fighters now. So if you support the cunt, you support fighters getting screwed.
     
  7. lordofthepies

    lordofthepies Posting Machine

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    [​IMG]
     
  8. RaginCajun

    RaginCajun I Like Gifs

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    Finally big business gets a win against a regular person, about time....
    [​IMG]
     
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  9. ender852

    ender852 Well-Known Member

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    Im
    I'm being dead serious, can't you fire someone for a reason as simple as you don't like them?
     
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  10. lordofthepies

    lordofthepies Posting Machine

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    You said 'isn't retaliation a perfectly acceptable reason to fire someone if you own a company?'

    Well, obviously not. That's the entire point of the case. Why would a lawyer initiate a complaint based on retaliation, one NLRB body decide that the case had merit and another dismiss it based on there apparently not being any retaliation if it was a perfectly acceptable reason to fire people in and of itself?
     
  11. MMAHAWK

    MMAHAWK @MMAHAWK21 Coast 2 Coast Combat Hour @COMBATHOUR

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    She wasn’t fired
    Her contract was paid out and not renewed.
     
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  12. jason73

    jason73 best wishes to all, even the haters and losers
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    its all russian collusion man
     
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  13. jason73

    jason73 best wishes to all, even the haters and losers
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    you can fire anyone you want for any reason .you just will have to pay severance
     
  14. lordofthepies

    lordofthepies Posting Machine

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    Quick, you better tell all the folks down at the Pennsylvania NLRB so they don't look foolish. We know this. That's why they want to establish that fighters are employees.
     
  15. lordofthepies

    lordofthepies Posting Machine

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  16. MMAHAWK

    MMAHAWK @MMAHAWK21 Coast 2 Coast Combat Hour @COMBATHOUR

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    K
     
    #16 MMAHAWK, Sep 26, 2018
    Last edited: Sep 26, 2018
  17. Kneeblock

    Kneeblock Jumbo shrimp

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    The issue wasn't her being fired. It was lack of renewal of her contract ostensibly because she was trying to form a union. That's the case Leslie decided to take before the NLRB and I'm guessing included in it was discussion of independent contractor status and its feasibility for unionization and thus protection.

    As I've posted before, the new Trump installed NLRB in February of last year removed the administrative directive that opened the passageway for independent contractors under some circumstances to be considered employees and able to organize (which currently the National Labor Relations Act does not recognize). With this removal, independent contractors are afforded none of the protections of employees and so Leslie's case of a non-contract renewal wouldn't fall under their purview. She could lodge a complaint with the Department of Labor or EEOC, but she'd then have to prove she was discriminated against under a protected category (race, gender, ability, etc).

    This is an example of why Project Spearhead was basically DOA once Trump took office, because the NLRB composition and findings around independent contractors are oriented to favor the preferences of the US Chamber of Commerce, which has long stated a desire for total autonomy in contracts with workers. So this is part of the "pro-business environment" we often hear touted by the administration, which is certainly their prerogative. Unfortunately, the fighters are out of luck until 2020 at the earliest or possibly 2024.

    The NLRB has heard and issued findings on plenty of wrongful termination cases related to attempts to unionize, but their findings depend wholly on the administrative directives of the President.
     
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  18. lordofthepies

    lordofthepies Posting Machine

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    Firstly, sick burn.

    Secondly, yes, two uninformed posters who probably didn't even read the article used the word fired, and I used it in reponse to the silly assertion that you can be 'fired' for anything. But that's kind of telling. People treat it as her being fired because that's really what is going on - UFC fighters are really employees and being released is essentially the same as being fired. We all instinctively know it, even some of those who think they are on the side of Danus and Trump.
     
  19. MMAHAWK

    MMAHAWK @MMAHAWK21 Coast 2 Coast Combat Hour @COMBATHOUR

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    Yes being released out of a contract is the same as being fired. Having contract expire and not renewed is not that. I think the UFC should resign her but the UFC has every right imo to not renew contracts.
     
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  20. lordofthepies

    lordofthepies Posting Machine

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    In general I agree that allowing contracts to expire is different, but I don't think the distinction really matters in this case - this was akin to a firing with a severance package (that they were obligated to pay). And you are entitled to your opinion but I think that's a bit messed up that you think the UFC SHOULD be able to buy out/not offer a new contract to fighters if the sole reason is that they were engaged in forming a union. That would essentially mean a union could never form as the UFC could always just strangle it in its crib. And without union pressure, pay will not significantly increase.

    If fighters were employees the UFC would not have 'every right to not renew contracts' if done so for potentially illegal reasons, and they might not anyway as things stand. Clearly the UFC was worried enough. We'll find out with the appeal (I don't think it will be successful though).
     
  21. Ted Williams' head

    Ted Williams' head It's freezing in here!

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    100%, but I guess here Leslie is claiming they retaliated against her trying to form a union, not necessarily that she spoke out against the UFC.
     
  22. Ted Williams' head

    Ted Williams' head It's freezing in here!

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    The truth is, the UFC will never unionize. Blaming Donald Trump for that is just silly.

    We're not talking about a bunch of factory workers who are doing the exact same thing and making the same wage, who are all on the same team. We have people making 10k a night and people making 10 mil a night, and guys coming from hundreds of different (sometimes rival) teams.

    A union only happens if the big players - the ones who bring in the HUGE money - decide to get on board. But why would they? They're already making bank. What's the motivation for Conor McGregor to unionize? He can basically call his own shots now as it is and he's making a fortune. So he wants to get involved with a union, where he'll potentially go on a strike or hold out from his huge paydays because some lower card guy making 20k is being treated unfairly?
     
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  23. FrankieNYC

    FrankieNYC "My balls was hot!"

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    A big(ger) issue is how many fighters are from countries that are not used to unions.
    When I was doing media, I started looking into why PS couldn't get 30% (seemed like an easy amount) & I talked to people that brought up a lot of foreign fighters were not interested whatsoever.
     
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