M. Kathleen McKinney v. Ozburn-Hessey Logistics, 875 F.3d 333

Background

Ozburn-Hessey Logistics (OHL) employees unionized in 2013 and the NLRB has a prolonged history of disputes with OHL over anti-union conduct.
In June 2013 OHL reassigned Jennifer Smith (an outspoken, pro-union auditor) to a small-parts picker position that was more physically demanding; Smith is asthmatic.
In October 2013 OHL terminated Nate Jones (a janitorial employee) after he committed a safety violation following a prior final written warning for a seatbelt violation.
NLRB Regional Director M. Kathleen McKinney filed administrative unfair-labor-practice charges and then sought temporary injunctive relief under Section 10(j) to restore Smith and reinstate Jones; the district court granted a 10(j) injunction.
An NLRB ALJ later rejected the complaints as to Smith and Jones; the Board was still reviewing exceptions when OHL asked the district court to dissolve the injunction.
The Sixth Circuit affirmed the injunction for Smith (finding reasonable cause and that relief was just and proper) but vacated the injunction as to Jones (finding insufficient factual support for injunctive relief).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Subject-matter jurisdiction to bring Section 10(j) petition	McKinney (NLRB) argued her administrative complaint was valid and filed under a Board that later met quorum; subsequent Board ratification legitimized actions	OHL argued McKinney lacked authority because the Board that restructured regions (placing McKinney in charge) lacked a quorum after Noel Canning	Held: Jurisdiction proper; later Board ratification and the timing of the complaint cured any infirmity
Reasonable-cause showing for Smith's reassignment	Smith (NLRB) argued reassignment was adverse and motivated by anti-union animus (open union activity, timing after certification, OHL's anti-union history)	OHL argued reassignment was not adverse; picker job not more onerous than auditor	Held: Reasonable cause found — reassignment was more onerous (physical exertion, heat, time-pressure); Wright Line elements met circumstantially
Whether injunction for Smith was "just and proper" (status quo/restoration)	NLRB argued reinstatement necessary to prevent chilling of union support and preserve Board remedial power pending proceedings	OHL argued delay and other causes explained decline in union interest, and status quo could not be restored	Held: Injunction just and proper; delay not unreasonable and preserving/restoring status quo was possible and necessary prior to bargaining obligations
Reasonable-cause and injunctive relief for Jones's firing	NLRB argued Jones was a union supporter and terminated for protected activity	OHL argued Jones was on notice after final warning and was fired for a serious safety violation; little evidence Jones was an outspoken supporter	Held: Vacated injunction as to Jones — record showed legitimate safety-based termination and insufficient evidence of anti-union motive

Key Cases Cited

NLRB v. Noel Canning, 134 S. Ct. 2550 (2014) (addressing validity of Board actions taken without a quorum)
Ahearn v. Jackson Hosp. Corp., 351 F.3d 226 (6th Cir. 2003) (standard for Section 10(j) reasonable-cause and just-and-proper analysis)
Schaub v. W. Mich. Plumbing & Heating, Inc., 250 F.3d 962 (6th Cir. 2001) (discussing the Board’s burden in Section 10(j) proceedings)
Fleischut v. Nixon Detroit Diesel, Inc., 859 F.2d 26 (6th Cir. 1988) (describing limited role of district courts in Section 10(j) proceedings)
FiveCAP, Inc. v. NLRB, 294 F.3d 768 (6th Cir. 2002) (articulating Wright Line test application in this circuit)
Kobell v. United Paperworkers Int’l Union, 965 F.2d 1401 (6th Cir. 1992) (standard of review for just-and-proper inquiry)
Gottfried v. Frankel, 818 F.2d 485 (6th Cir. 1987) (status-quo restoration as a consideration in 10(j) relief)
Wilkes-Barre Hosp. Co., LLC v. NLRB, 857 F.3d 364 (D.C. Cir. 2017) (Board can ratify prior defective actions of Regional Directors)