Heartland Human Services v. National Labor Relations Board
746 F.3d 802
7th Cir.2014Background
- Heartland Human Services faced a decertification election after the union’s term expired in August 2011.
- The Board ordered a decertification election which, after disputed ballots, resulted in a tie in June 2012.
- The union challenged the election based on objectionable conduct by Heartland during the process.
- Heartland prematurely withdrew recognition of the union in July 2012 before the challenged ballot was opened.
- The Board found the conduct violated 29 U.S.C. §§ 158(a)(1), (5) and ordered recognition and bargaining with the union in March 2013.
- Heartland challenged the Board’s order, arguing the company had a good-faith basis to doubt union support and that the election should not be revisited.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review first-election order | Heartland contends the Board’s setting aside and ordering a new election is reviewable now. | Board argues such orders are not final and reviewable only with an unfair-labor-practice order. | Jurisdiction to review the first-election setback is lacking. |
| Whether Heartland committed an unfair labor practice by withdrawing recognition | Heartland asserts it reasonably believed the union lacked majority support. | Board contends withdrawal of recognition before decertification violated Levitz standards and was an unfair labor practice. | Heartland committed an unfair labor practice by withdrawing recognition before decertification. |
| Effect of delay in holding a curative election on review | A prompt new election would cure irregularities and reduce injuries from delay. | Judicial review should be deferred until after the curative election and any resulting unfair-labor-practice findings. | Delay complicates review; however, the core issue is reviewable only after decertification and new election. |
Key Cases Cited
- NLRB v. PIE Nationwide, Inc., 894 F.2d 887 (7th Cir. 1990) (unfair labor practices require enforcement through final order)
- National Ass’n of Manufacturers v. NLRB, 717 F.3d 947 (D.C. Cir. 2013) (limits on Board's authority and review dynamics)
- Gissel Packing Co., 395 U.S. 575 (1969) (illustrates remedial purpose of elections and review limits)
- Boire v. Greyhound Corp., 376 U.S. 473 (1964) (finality and review of Board orders)
- Levitz Furniture Co. of the Pacific, Inc., 333 N.L.R.B. 717 (NLRB S. D. Cal. 2001) (employer cannot withdraw recognition absent majority support)