NLRB v. Missouri Red Quarries, Inc., No. 16-1450 (8th Cir. 2017)
Annotate this CaseThe Board ruled that Missouri Red committed an unfair labor practice in violation of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (5), by refusing to recognize and collectively bargain with the union. The Board certified the union only after it upheld a challenge to Steve Johnston's potentially determinative ballot by declaring him a statutory supervisor and thus not entitled to vote. Missouri Red contended that this was error and petitioned for review of the Board's decision. The court concluded that sufficient evidence supported the conclusion that Johnson was a supervisor and exercised independent judgment in effectively recommending applicants for hire; the Board did not act capriciously in finding that Johnson exercised independent judgment; and a number of secondary indicia supported the Board's determination that Johnston is a supervisor. Therefore, the court denied Missouri Red's petition for review and granted the Board's cross-application for enforcement.
Court Description: Riley, Author, with Murphy and Smith, Circuit Judges] Petition for Review and Cross-Petition for Enforcement - National Labor Relations Board. The Board did not err in determining that an employee was a supervisor and ineligible to vote in the union certification process; the record showed he was a supervisor given his authority to recommend applicants for hire without any sort of independent review by the company's owner; additionally, secondary indicia, such as the owner's absence from the site and delegation of day-to-day authority to run the site, supported the Board's determination. Chief Judge Smith, dissenting.
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