Securitas Critical v. NLRB, No. 14-3102 (8th Cir. 2016)
Annotate this CaseSecuritas petitioned for review of the Board's order allowing certain class of Securitas's workers to seek union representation when the Board determined that Securitas failed to show the workers were supervisors under Section 2(11) of the National Labor Relations Act, 29 U.S.C. 152(11). The court concluded that substantial evidence supported the Board's determination that Securitas failed to carry its burden of proving that the employees at issue, lieutenants, were supervisors under section 152(11). Furthermore, the disclosure of "safeguards information" was not the exclusive means by which Securitas could have satisfied its burden of proof. The court agreed with the Board that Securitas failed to present any specific exemplar evidence of a lieutenant exercising independent judgment as a response team leader. Therefore, it was unnecessary to address whether the Board erred by stating Securitas could have submitted safeguards information under a protective order. Accordingly, the court denied Securitas's petition for review and granted the Board's cross-petition for enforcement.
Court Description: Bye, Author, with Smith and Kelly, Circuit Judges] Petition for Review - Order of the National Labor Relations Board. The Board's determination that the employees in question, mid-level security officers called lieutenants, were employees rather than supervisors and eligible for union representation was supported by the substantial evidence on the record and was not contrary to law; the employer could have satisfied its burden of proof in this case without revealing "safeguards information" but failed to do so, and it is unnecessary for the court to address whether the Board erred by stating the employer could have submitted the information under a protective order.
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