695 F.3d 1188
11th Cir.2012Background
- Gimrock Construction, Inc. refused to bargain with the Union after the Union became the representative of Gimrock's equipment operators, oiler/drivers, and mechanics in 1995.
- Gimrock's strikers went on strike; they offered to return, but Gimrock refused reinstatement, claiming a jurisdictional strike.
- The NLRB found the strike economic, ordered reinstatement with back pay, and Gimrock challenged; on remand, the Board reaffirmed the economic-strike finding.
- Separately, the Board ordered Gimrock to bargain with the Union; Gimrock again refused, and the Board sought enforcement.
- This court issued Gimrock II enforcing both orders; subsequent compliance problems led to a Compliance Specification seeking back pay and a sixteen-hours-per-week bargaining requirement.
- Gimrock challenged back-pay calculations as speculative and argued the bargaining mandate was beyond the court’s scope to modify the Gimrock II injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether back pay awarded by the Board is proper. | Gimrock argues back pay is punitive, arbitrary, and improperly calculated. | Gimrock contends calculations used wrong comparators and failed to mitigate. | Back pay upheld; calculations supported by record. |
| Whether the sixteen-hours-a-week bargaining requirement could be enforced without this court modifying Gimrock II. | Board can seek enforcement via compliance mechanisms and contempt. | Only this court may modify its injunction; Board cannot remotely impose bargaining hours. | Enforcement of bargaining schedule cannot be ordered here; denied to the extent it seeks sixteen hours weekly. |
Key Cases Cited
- NLRB v. Gimrock Constr., Inc., 344 N.L.R.B. 934 (2005) (Board bargaining order enforceable; injunctive remedies discussed)
- NLRB v. Gimrock Constr., Inc., 344 N.L.R.B. 1033 (2005) (reinstatement and back-pay remedies affirmed on remand)
- Scepter, Inc. v. NLRB, 448 F.3d 388 (D.C. Cir. 2006) (exclusive-jurisdiction principle; Board cannot modify court-enforced orders)
- NLRB v. Johnson Mfg. Co. of Lubbock, 511 F.2d 153 (5th Cir. 1975) (contempt and bargaining-order framework discussed)
- NLRB v. Schill Steel Prods., 480 F.2d 586 (5th Cir. 1973) (contempt and bargaining-order framework discussed)
- Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (binding pre-existing Fifth Circuit decisions adopted by the Eleventh Circuit)
- Reynolds v. Roberts, 207 F.3d 1288 (11th Cir. 2000) (civil contempt procedures for enforcing injunctions)