Equinox Holdings, Inc. v. NLRB, No. 16-1427 (D.C. Cir. 2018)Annotate this Case
Petitioner sought review of the Board's determination that it violated the National Labor Relations Act by refusing to bargain with the union. Petitioner claimed that the Board unreasonably discounted two threats that tainted the election, which the union won, and that union adherents told employees they risked deportation if they voted against the union and the union used an observer at one voting location who had recently been discharged for possession of a gun. The DC Circuit held that, given the lack of evidence connecting the gun incident to the election or to the union itself, that the Board did not abuse its substantial discretion in certifying the election results. The court also held that none of petitioner's additional objections was substantial enough to trigger its "extremely limited" scope of review. Therefore, the court denied the petition and granted the Board's cross-application for enforcement.