NLRB v. Missouri Red Quarries, Inc., No. 16-1450 (8th Cir. 2017)Annotate this Case
The 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.