Hyundai Amer. Shipping Agency v. NLRB, No. 11-1351 (D.C. Cir. 2015)Annotate this Case
Hyundai challenged the Board's order invalidating five rules in the employee handbook maintained by Hyundai because the rules violated section 8(a)(1) of the National Labor Relations Act (NLRA), 29 U.S.C. 157, 158(a)(1). The Supreme Court's decision in NLRB v. Canning made clear that the three Board members on the panel in this case were validly appointed, and the court restored the case to its active docket after placing it in abeyance. The court found that the Board had jurisdiction over the claims against four rules - ones that the complaint linked to the dismissal by asserting that Hyundai discharged an employee because of her violations of those rules. In regard to the fifth rule, however, the court concluded that the Board lacked jurisdiction because the General Counsel never alleged it to have played a causal role in the dismissal. Therefore, as to the four rules properly before the Board, the court enforced the Board’s order as to three but reversed as to the fourth.