National Labor Relations Board v. Contemporary Cars, Inc.
667 F.3d 1364
11th Cir.2012Background
- NLRB seeks enforcement of its order against Contemporary Cars, Inc. (Mercedes-Benz dealer) regarding a bargaining-unit determination.
- Union petitioned for certification of Mercedes-Benz service technicians; Regional Director certified after two-member Board denied review.
- Contemporary refused to bargain to preserve rights to challenge the unit; an unfair-labor-practice charge followed.
- Two-member Board found Contemporary violated the Act; Supreme Court decision in New Process Steel (2010) required three members for Board decisions.
- NLRB later issued a new order with three members affirming the bargaining-unit decision; Contemporary sought enforcement in this circuit.
- Court below addresses whether Contemporary’s due-process challenge is reviewable and whether the Board’s unit determination is supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to review Contemporary’s due-process challenge under §10(e). | NLRB argues §10(e) bars review of new objections not raised earlier. | Contemporary contends extraordinary-circumstances and futility exceptions allow review in this court. | Lack of jurisdiction; extraordinary-circumstances not shown. |
| Whether the Board’s bargaining-unit determination is supported by substantial evidence. | Board’s craft and traditional-unit analyses are supported by record evidence and applicable standards. | Contemporary contends the unit lacks substantial evidentiary support and is flawed. | Board’s determination supported by substantial evidence; order enforced. |
Key Cases Cited
- L.A. Tucker Truck Lines, Inc. v. NLRB, 344 U.S. 33 (1952) (procedural bar applies to due-process objections raised on review)
- Goya Foods of Florida, Inc. v. NLRB, 525 F.3d 1117 (11th Cir. 2008) (§10(e) bar applies to objections not raised before the Board)
- Alabama Roofing & Metal Co. v. NLRB, 331 F.2d 965 (5th Cir. 1964) (procedural bar prevents review of new due-process claims)
- Robin American Corp. v. NLRB, 667 F.2d 1170 (5th Cir. Unit B 1982) (futility defense considered under §10(e))
- Kitchen Fresh, Inc. v. NLRB, 716 F.2d 351 (6th Cir. 1983) (futility must be shown as of time objection could have been raised)
- W&M Properties of Connecticut, Inc. v. NLRB, 514 F.3d 1341 (D.C. Cir. 2008) (patent futility required to excuse failure to object)
- Robin American Corp. v. NLRB, 667 F.2d 1170 (5th Cir. Unit B 1982) (futility analysis for extraordinary-circumstances)
- Keystone Roofing Co. v. OSHA, 539 F.2d 960 (3d Cir. 1976) (extraordinary-circumstances require more than probable futility)