SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2024 Supreme(US)(ca7) 217

COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Brennan
International Union of Operating Engineers Local – Appellant
Versus
NLRB – Respondent



United States Court of Appeals For the Seventh Circuit ____________________ Nos. 22-2674 & 23-3172 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, AFL-CIO, Petitioner, Cross-Respondent,

v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner,

and TROY GROVE and VERMILION QUARRY, Intervening Respondents. ____________________ Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Nos. 25-CA-234477, 25-CA-242081, 25-CA-244883, 25-CA-246978. ____________________ Nos. 23-1014 & 23-3172 TROY GROVE and VERMILION QUARRY, Petitioners, Cross-Respondents,

v. 2 Nos. 22-2674, 23-1014, & 23-3172 NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Appellant,

and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, AFL-CIO, Intervening Respondent. ____________________ Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Nos. 25-CA-234477, 25-CA-242081, 25-CA-244883, 25-CA-246978. ____________________

ARGUED MAY 15, 2024 — DECIDED JULY 23, 2024 ____________________

Before BRENNAN, KIRSCH, and LEE, Circuit Judges. BRENNAN, Circuit Judge. In early 2018, employees repre- sented by the International Union of Operating Engineers, Lo- cal 150, went on strike at two quarries. During that strike, the mining company operating those quarries, RiverStone Group, Inc., disciplined and discharged a union member, required another union member to sign a hiring list when he wanted to return to work, changed a company policy unilaterally, and removed picket signs. Local 150 believed these actions were unfair labor practices in violation of the National Labor Rela- tions Act. So, Local 150 filed charges with the National Labor Relations Board. The Board issued a complaint against River- Stone. An administrative law judge ruled that RiverStone Nos. 22-2674, 23-1014, & 23-3172 3 violated the Act as charged. RiverStone appealed to the Board, and the Board affirmed the ALJ’s decision in part. Local 150 and RiverStone ask us to review the Board’s final decision and order. The Board requests that we enforce its or- der in full. After review of the administrative record and con- sideration of the parties’ arguments, we see no error in the Board’s order. Substantial evidence and applicable labor law support the Board’s order, so we deny the petitions for review and grant the Board’s cross-application for enforcement. I A RiverStone Group, Inc. is a mining corporation that oper- ates the Troy Grove and Vermillion Quarries, located in north central Illinois. The International Union of Operating Engi- neers, Local 150 (“the union” or “Local 150”) represents a bar- gaining unit of employees who work at both quarries. In May 2016, the collective bargaining agreement between RiverStone and Local 150 expired. Nearly two years later, Local 150 elected to strike. 1 Local 150 asserts that Riverstone employed unfair labor practices during the strike, and this case arises from the National Labor Relations Board’s resolution of those claims. The union’s allegations concern actions involving in- dividual employees and decisions affecting the entire bar- gaining unit. We review those four sets of allegations now. Matt Kelly’s Disciplinary Issues, Investigatory Interview, and Discharge. After Local 150 voted to strike,

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top