AdvancePierre Foods, Inc. v. National Labor Relations Board, No. 18-1219 (D.C. Cir. 2020)Annotate this Case
AdvancePierre petitioned for review of the Board's finding that it committed unfair labor practices (ULPs) over a five month span as the union conducted an organizing campaign. At issue is whether AdvancePierre unlawfully encouraged its employees to withdraw their union authorization cards, and the "read-aloud" remedy ordered by the Board.
The DC Circuit denied AdvancePierre's petition for review, holding that Section 10(e) of the National Labor Relations Act limits the court's jurisdiction to matters first presented to the Board unless extraordinary circumstances excuse such failure. In this case, AdvancePierre's petition squarely collides with Section 10(e)'s jurisdictional barrier and the court is without authority to consider all but a small portion of the company's argument. Therefore, the court cannot consider AdvancePierre's argument regarding the company's unlawful solicitation of its employees to withdraw their union authorization cards because it was not preserved under Section 10(e). Furthermore, the court held that the Board's application of In re Mohawk Industries, 334 N.L.R.B. 1170 (2001), was not arbitrary or capricious and the Board's factual findings are supported by substantial evidence. In regard to the notice-reading remedy, the court held that the Board did not abuse its extremely broad discretion when it determined that the company's 17 ULPs were sufficiently serious and widespread to warrant a notice-reading.