Chester Ex Rel. NLRB v. Grane Healthcare Co.
666 F.3d 87
3rd Cir.2011Background
- Laurel Crest Nursing and Rehabilitation Center was owned by Cambria County, a public employer under PERA, with Local 1305 as the exclusive representative since 1971.
- Grane Healthcare Co. purchased Laurel Crest effective January 1, 2010 and retained most Laurel Crest employees; several Local 1305 officers were not hired by Grane.
- In December 2009 Local 1305 asked Grane to recognize Local 1305; Grane refused on January 11, 2010, prompting an unfair labor practice charge.
- NLRB General Counsel filed complaints alleging § 8(a)(1), (3), and (5) violations; ALJ Goldman held Grane violated § 8(a)(1), (5) by refusing to recognize, and § 8(a)(1), (3) by not hiring Mulhearn and Hagerich.
- District Court petitioned for § 10(j) interim relief; it granted a bargaining order but denied interim reinstatement of the two employees, applying the four-factor standard.
- The Third Circuit held Romero-Barcelo/Winter do not control § 10(j) in this NLRA context and reaffirmed the two-part test, affirming the bargaining order but remanding as to interim reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for § 10(j) relief | Director argues the two-part test remains valid; four-factor analysis not required. | Grane argues Romero-Barcelo/Winter require four-factor standard and overhaul our precedent. | Two-part test remains controlling for § 10(j) relief. |
| Interim bargaining order justified | Two-part standard shows likelihood of success and irreparable harm warrants bargaining order to preserve Board power. | Grane contends insufficient evidence of irreparable harm and public interest benefits. | Interim bargaining order affirmed. |
| Interim instatement order status | Instatement should be granted if just and proper under two-part test. | Insufficient undisputed facts to decide under two-part; needs remand. | Remand to district court to decide under two-part test. |
Key Cases Cited
- Hartz Mountain Corp. v. N.L.R.B., 519 F.2d 138 (3d Cir. 1975) (established two-part § 10(j) test: reasonable cause and just and proper)
- Schauffler v. Highway Truck Drivers & Helpers, Local 107, 230 F.2d 7 (3d Cir. 1956) (reasonable cause to believe a violation occurred for § 10(j) relief)
- Fall River Dyeing & Finishing Corp. v. N.L.R.B., 482 U.S. 27 (U.S. Supreme Court 1987) (substantial continuity and successor labor obligations)
- Romero-Barcelo v. Fernandez-Vital, 456 U.S. 313 (U.S. Supreme Court 1982) (four-factor requirement in generic injunctive contexts)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (U.S. Supreme Court 2008) (clarified irreparable harm standard in four-factor test)
- Suburban Lines, Inc. v. N.L.R.B., 731 F.2d 1090 (3d Cir. 1984) (just and proper prong guided by public-interest and remedial power)
- Vibra Screw, Inc. v. N.L.R.B., 904 F.2d 874 (3d Cir. 1990) (equitable factors integrated with § 10(j) relief analysis)
- Lenape Products, Inc. v. N.L.R.B., 781 F.2d 999 (3d Cir. 1986) (district court must weigh public interest and remedial probability)
- Eisenberg ex rel. N.L.R.B. v. Wellington Hall Nursing Home, Inc., 651 F.2d 902 (3d Cir. 1981) (NLRA review standard with deference to Board determinations)