NLRB v. Anderson Excavating, No. 17-2516 (8th Cir. 2019)
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The Board sought enforcement of it its order finding that Anderson violated section 8(a)(5) and (1) of the National Labor Relations Act (NLRA), by failing to make contractually mandated contributions to the CLT&E Funds and the union. The Eighth Circuit granted the Board's application for enforcement of its order and denied Anderson's petition for review. The court held that the union's 2015 unfair labor practice charge was timely.
The court also held that the record did not support Anderson's argument that the deposition testimony at issue served as the basis for the charge. Rather, the Board found that even without relying on the depositions, the record established that Anderson violated section 8(a)(5) by withdrawing recognition from the union and by repudiating the terms of the 2014-2018 Heavy Highway Agreement. Finally, the court rejected Anderson's argument that the Board erred in failing to find that the union induced its failure to pay in May 2015.
Court Description: Smith, Author, with Colloton and Erickson, Circuit Judges] Application for Enforcement/Petition for Review - NLRB. The Board's unfair labor practices act charge was timely because it was filed within six months of Anderson's unequivocal repudiation of the parties' Collective Bargaining Agreement; the Board did not err in determining Anderson violated Section 8(a)(5) and (1) of the National Labor Relation Act by withdrawing recognition from the Teamsters Union and repudiating its collective bargaining obligations; the Board did not err in rejecting Anderson's claim the union induced Anderson's failure to make its contribution payments.
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