Advanced Disposal Servs. E., Inc. v. Nat'l Labor Relations Bd., No. 15-2229 (3d Cir. 2016)
Annotate this CaseTeamsters Local 384 filed a representation petition with National Labor Relations Board Regional Director Walsh, seeking to represent workers at Advanced’s facilities. The proposed unit consisted of approximately 120 full-time and regular part-time drivers, helpers, and mechanics. The Union and Advanced entered into a Stipulated Election Agreement. Secret ballot elections were held at Advanced’s facilities, with 60 voters supporting unionization and 58 opposing it. Advanced challenged the outcome. A hearing officer and a three-member NLRB panel overruled all of Advanced’s objections. To preserve its right to appeal, Advanced refused to bargain with the certified bargaining unit. Director Walsh filed a Complaint and a three-member NLRB panel issued a Decision and Order, concluding that Advanced had violated 29 U.S.C. 158(a)(5) by refusing “to bargain collectively with the representatives of [its] employees.” The Third Circuit affirmed and ordered enforcement, rejecting a claim that, because Walsh was appointed at a time when the Board lacked a valid quorum, his actions were ultra vires. Advanced did not lose the ability to challenge Walsh’s authority by failing to raise this issue during the representation proceeding, nor did the Stipulated Election Agreement constitute an implied accession to his authority. Walsh and the Board properly ratified their previously unauthorized actions.
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