723 F.3d 778
7th Cir.2013Background
- Buban, a Teamsters Local 200 member and dissident, was referred for Elm Road site work by the union as part of an Area Agreement with Bechtel, then laid off in Sept. 2007 along with other drivers lacking a license.
- Buban repeatedly sought to return to Elm Road; Bechtel hired only union-referred workers during a 48-hour exclusive referral window.
- Gurich, a Local 200 business agent aligned with a rival slate, handled Buban’s grievance and referred other members while allegedly sidelining Buban.
- A fellow union member, Carol Simon, informed Buban that Gurich claimed Buban hadn’t put his name on the out-of-work list; after learning of the list, Buban was added with a question mark beside his name.
- The NLRB found the union violated NLRA § 8(b) by operating an exclusive hiring-hall with non-objective criteria, discriminating against Buban, and withholding information about the referral process; the Board ordered remedies, which Local 200 appealed.
- The Seventh Circuit affirmed the Board, holding substantial evidence supported the exclusive-hall finding, discriminatory referral, and failure to provide information.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Local 200 operated an exclusive hiring-hall | Buban | Local 200 contends no exclusive hall existed | Yes, exclusive-hall existed under totality of circumstances |
| Whether the union discriminatorily failed to refer Buban | Buban's political opposition influenced referrals | Referrals were negligent, not discriminatory | Yes, discrimination established under Wright Line analysis |
| Whether the union failed to provide requested information on referral procedures | Buban sought specific information (including the referral list) | Providing some information sufficed; no obligation for list | Yes, failure violated NLRA § 8(b)(1)(A) by not providing requested information |
Key Cases Cited
- Breininger v. Sheet Metal Workers Int’l Ass’n Local Union No. 6, 493 U.S. 67 (1989) (exclusive-hiring-hall must be nonarbitrary and nondiscriminatory)
- Air Line Pilots Ass’n, Int’l v. O’Neill, 499 U.S. 65 (1991) (duty of fair representation requires more than mere ineptitude)
- So-White Freight Lines, Inc. v. NLRB, 969 F.2d 401 (7th Cir. 1992) (circumstantial evidence supports motive in Wright Line framework)
- NLRB v. Transp. Mgmt. Corp., 462 U.S. 393 (1983) (Wright Line framework adopted for motive and outcome in absence of protected conduct)
- Jacoby v. NLRB, 325 F.3d 301 (D.C. Cir. 2003) (requires objective criteria and consistent standards in hiring-halls)