Fred Meyer Stores, Inc. v. NLRB, No. 15-1135 (D.C. Cir. 2017)Annotate this Case
The D.C. Circuit granted Fred Meyer's petition for review of the Board's holding that Fred Meyer committed various unfair labor practices in its interaction with the Union. The court noted that counsel for Fred Meyer deprived the court of a straightforward disposition by failing to present to the Board arguments regarding the Union representatives' failure to check in. Nevertheless, the inconsistencies in the Board's opinion required the court to remand this matter to the Board to consider whether the union representatives lost the protection of the National Labor Relations Act. In this case, the Board's opinion was more disingenuous than dispositive; it evidenced a complete failure to reasonably reflect upon the information contained in the record and grapple with contrary evidence—disregarding entirely the need for reasoned decisionmaking.