Allied Aviation Service Co. of New Jersey v. National Labor Relations Board
2017 U.S. App. LEXIS 6550
| D.C. Cir. | 2017Background
- Allied Aviation Services provided fueling services at Newark Liberty Airport; 44 employees (Fueling, Tank Farm, Maintenance, and Training "Supervisors") sought union representation by Local 553.
- The NLRB regional director found the employees non-supervisory and directed an election; a 2012 three-member Board panel affirmed but held the three Training Supervisors as challenged ballots pending further proof of supervisory status.
- Noel Canning later invalidated two of the 2012 panel members; a properly constituted NLRB panel in 2013 reviewed the record, considered Allied’s exceptions, and certified the Union as representative.
- Allied later lost a related unfair-labor-practice case where the Board ordered Allied to bargain; Allied belatedly argued it was subject to the Railway Labor Act (RLA) rather than the NLRA and raised the recess-appointment challenge.
- The Board rejected Allied’s RLA claim for lack of evidence that common carriers owned/controlled Allied and sustained the supervisory-status findings for the Training Supervisors while holding the other ‘‘Supervisors’’ were non-supervisory and thus included in the bargaining unit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Allied is subject to RLA jurisdiction (control test) | Allied: airline carriers exercise sufficient control (via fueling committee and operational direction) so RLA governs | NLRB: record lacks evidence of carrier control (no carrier contract, no supervision/holding out, no personnel control) | Court: affirmed Board; Allied failed to show carrier control; NLRB jurisdiction stands |
| Whether Noel Canning invalidates prior Board action | Allied: invalid recess appointments vitiate all Board orders, so earlier direction of election is void | NLRB: a later properly constituted Board panel ratified and certified the election, curing any defect | Court: ratification by duly appointed 2013 Board cured the defect; Noel Canning does not void certification |
| Whether the unit members (Fueling, Tank Farm, Maintenance Supervisors) are statutory supervisors | Allied: job titles and duties (discipline, directing employees) make them supervisors exempt from NLRA | NLRB: duties were reportorial or fact-witness roles; ultimate discipline and personnel decisions made by management | Court: substantial evidence supports Board: these supervisors lacked independent disciplinary/hiring authority and are non-supervisory |
| Whether Training Supervisors are statutory supervisors | Allied: Training Supervisors are like other supervisors and should be included in unit | Union/NLRB: Training Supervisors effectively recommend retention/termination and their recommendations are routinely followed by management | Court: substantial evidence supports that Training Supervisors effectively recommend hiring/retention and exercised independent judgment; they are supervisors and ineligible to vote |
Key Cases Cited
- NLRB v. Health Care & Ret. Corp., 511 U.S. 571 (Sup. Ct.) (defines statutory supervisor framework under NLRA)
- Ky. River Cmty. Care, Inc. v. NLRB, 532 U.S. 706 (Sup. Ct.) (party asserting supervisory status bears burden)
- Noel Canning v. NLRB, 134 S. Ct. 2550 (Sup. Ct.) (Appointments Clause decision invalidating certain recess appointments)
- ABM Onsite Servs.-West, Inc. v. NLRB, 849 F.3d 1137 (D.C. Cir.) (review of Board’s application of carrier-control factors)
- Jochims v. NLRB, 480 F.3d 1161 (D.C. Cir.) (titles insufficient; focus on actual job functions for supervisory status)
- Allentown Mack Sales & Serv., Inc. v. NLRB, 522 U.S. 359 (Sup. Ct.) (substantial-evidence standard for upholding Board findings)
- ManorCare of Kingston PA, LLC v. NLRB, 823 F.3d 81 (D.C. Cir.) (Board ratification can cure prior appointments defect)