International Longshore & Warehouse Union v. National Labor Relations Board, No. 18-1124 (D.C. Cir. 2020)Annotate this Case
This case arose from a longstanding dispute about which of two competing unions represents a group of several dozen mechanics who maintain and repair shipping equipment. Under NLRB v. Burns International Security Services, Inc., 406 U.S. 272 (1972), a successor employer inherits the collective-bargaining obligations of its predecessor only if the previously recognized bargaining unit remains appropriate under the successor. In determining whether the unit remains appropriate, the NLRB ignores workplace changes caused by unfair labor practices of the successor.
The DC Circuit held that the Board did not adequately explain its decision for extending the rule to ignore changes caused by unfair labor practices of the predecessor. Because the Board did not engage in reasoned decisionmaking in the order under review, the court granted the petition for review of the Board's final order, set aside that order, denied the Board's cross-application for enforcement, and remanded for further proceedings. The court dismissed as moot the petition for review of the Board's order refusing to set aside the partial settlement.