The Oyez Project: Unions Issues - Representative Election Arguments

Allentown Mack Sales v. NLRB - Oral Argument

Wed, 15 Oct 1997 12:00:00 -0500

In 1990, Mack Trucks, Inc., sold its Allentown, Pennsylvania, branch to Allentown Mack Sales, Inc. A number of Mack employees made statement to the new owners suggesting that Local Lodge 724 of the International Association of Machinists and Aerospace Workers, AFL-CIO, had lost the support of bargaining-unit members generally. Subsequently, Allentown refused Local 724's request for recognition and commencement of collective-bargaining negotiations. Allentown, under a National Labor Relations Board (NLRB) precedent, claimed a good-faith reasonable doubt as to the union's support in order to conduct an internal poll of employee support for the union. The employees voted 19 to 13 against the union. Local 724 then filed an unfair-labor-practice charge with the NLRB. Ultimately, an Administrative Law Judge held that Allentown's poll was conducted in compliance with procedural standards, but that Allentown did not have an "objective reasonable doubt" about the majority status of the union. The Court of Appeals enforced the NLRB's order for Allentown to recognize and bargain with Local 724.

Auciello Iron Works Inc. v. National Labor Relations Board - Oral Argument

Mon, 22 Apr 1996 12:00:00 -0500

The day after Auciello Iron Works' contract offer was accepted by its union employees' collective-bargaining representative, Auciello disavowed the agreement because of a good-faith doubt, based on knowledge acquired before the offer's acceptance, that a majority of employees supported the Union. The National Labor Relations Board (NLRB) ruled that Auciello's withdrawal was an unfair labor practice in violation of the National Labor Relations Act and ordered that the agreement be reduced to a formal written instrument. The Court of Appeals enforced the order as reasonable after the NLRB issued a supplemental opinion to justify its refusal to consider Auciello's defense of good-faith doubt about the Union's majority status.

Holly Farms Corp. v. National Labor Relations Board - Oral Argument

Wed, 21 Feb 1996 12:00:00 -0500

Holly Farms Corporation, a wholly owned subsidiary of Tyson Foods, Inc., is a vertically integrated poultry producer. In 1989, the Chauffeurs, Teamsters and Helpers, Local 391, filed a representation petition with the National Labor Relations Board, seeking an election in a proposed unit that included live-haul employees working out of Holly Farms' Wilkesboro processing plant. The unit included workers described as "live-haul" crews, or teams of chicken catchers, forklift operators, and truckdrivers, who collect for slaughter chickens raised as broilers by independent contract growers, and transport the birds to the processing plant. Classifying the live-haul workers as employees protected by the National Labor Relations Act, rather than agricultural laborers excluded from the Act's coverage, the Board approved the bargaining unit. On petition for review, the Court of Appeals enforced the Board's order, holding that the Board's classification rested on a reasonable interpretation of the Act and was consistent with the Board's prior decisions.

NLRB v. Financial Institution Employees - Oral Argument

Wed, 04 Dec 1985 12:00:00 -0500

No details yet.

NLRB v. Ky. River Cmty. Care - Oral Argument

Wed, 21 Feb 2001 12:00:00 -0500

In 1997, a labor union petitioned the National Labor Relations Board (NLRB) to represent a unit of all the employees at the Caney Creek Developmental Complex, which is operated by Kentucky River Community Care, Inc. Kentucky River objected to the inclusion of its registered nurses in the unit because they were "supervisors" under National Labor Relations Act (NLRA). Under the NLRA, employees are deemed to be "supervisors" and thereby excluded from the NLRA if they exercise "independent judgment" in "responsibly...directing" other employees "in the interest of the employer." At the ensuing representation hearing, the NLRB placed the burden of proving supervisory status on Kentucky River and found that it had not carried its burden. The NLRB rejected Kentucky River's proof of supervisory status on the ground that employees do not use "independent judgment" under the NLRA when they exercise "ordinary professional or technical judgment in directing less-skilled employees to deliver services in accordance with employer-specified standards." Kentucky River then refused to bargain with the union. Ultimately, the Court of Appeals refused to enforce a bargaining order issued by the NLRB at an unfair labor practice proceeding. The court rejected the NLRB's interpretation of "independent judgment" under the NLRA's test for supervisory status and held that NLRB had erred in placing the burden of proving supervisory status on Kentucky River.