NLRB v. Chipotle Services, No. 15-3925 (8th Cir. 2017)Annotate this Case
This case arose out of Chipotle's decision to fire an employee who was involved in a campaign for higher pay in the fast-food industry. The Board claimed that Chipotle fired the employee for his union activities, but Chipotle argued that the employee was fired for missing a mandatory meeting and had a history of deficient performance and motivation. The Board applied the Wright Line framework and described the General Counsel's initial burden. Chipotle argued that the burden was a mistake and the General Counsel instead needed to act according to the language in the court's recent opinion in Nichols Aluminum, LLC v. NLRB. Because Chipotle failed to raise this argument before the Board, or otherwise contest the ALJ's application of the Wright Line standard, the court was jurisdictionally barred from considering Chipotle's argument. Because no extraordinary circumstances exists in this case, the court denied the petition and enforced the order.