NLRB dismisses Leslie Smith’s complaint against UFC

Former UFC bantamweight Leslie Smith is a central part of Project Spearhead, an effort to unionize fighters. In April she was released by the league under unusual circumstances, and on May 2nd Smith filed a complaint with the National Labor Relations Board. Late in June Smith’s attorney Lucas Middlebrook said the regional director had made a determination that Smith’s claim that UFC fighters are employees not independent contractors had merit and that the allegation of discrimination against Smith had merit; a complaint against the UFC was to be issued within a month, barring a settlement.

However, shortly afterward, Middlebrook said the case was in a “holding pattern’ and had to go through the NLRB’s Division of Advice at the request of the NLRB headquarters in Washington, D.C. The NLRB is run by Trump appointee Peter B. Robb. The belief was expressed that the change could have been the result of the UFC pulling strings at the national level. However, a report from Jaclyn Diaz for Bloomberg Law suggests it might instead be the result of a change in policy that predates Smith’s complaint, or not.

Now on September 19, the NLRB dismissed Smith’s complaint, denying that the UFC retaliated against Smith when it bought her out of her contract and released her after a canceled fight vs. Aspen Ladd prior to UFC Fight Night 128 on April 21. Because the complaint was dismissed, the NLRB is not bound to determine whether Smith is an employee or independent contractor, one of her central goals in filing in the first place.

The fighter’s attorney, Lucas Middlebrook, tells Steven Marrocco for MMAjunkie that he will appeal the decision by the Oct. 3 deadline.

“I asked the general counsel, ‘Why are we even here? Why does D.C. have this case?’” asked Middlebrook. “Region 4 issued a merit determination, then D.C. says [Washington] needs to see the case? In all my years practicing, I’ve never seen that happen. And you know what Peter Robb said in response to that? ‘I haven’t either.’

“Isn’t that convenient for the UFC? Their entire business model hung in the balance if a federal agency said, yes, these fighters are employees. … Unlike Region 4, which judged this on its merits and according to the law, D.C.’s decision was nothing but the result of a political stranglehold. … Three days after I went to NLRB in D.C., Dana was in the oval office taking pictures with Mr. Trump and reportedly had a three-hour dinner meeting.”