Overstreet v. El Paso Disposal, L.P.
2010 U.S. App. LEXIS 22987
| 5th Cir. | 2010Background
- NLRB filed unfair labor practice charges after union certification and 13 months of bargaining, including a strike in November 2007 at El Paso Disposal (EPD).
- EPD implemented unilateral changes to pay, sick leave documentation, and a longevity bonus suspension during bargaining.
- Union sought injunctive relief under § 10(j) to stop unfair practices, require recognition, bargaining, and reinstatement of strikers; district court granted injunction.
- ALJ found bad-faith bargaining and several unfair labor practices; subsequent proceedings before NLRB continued on other charges.
- On appeal, EPD challenged the injunction and the reinstatement order, arguing lack of jurisdiction and improper scope; court affirmed with modification to Dues Check-Off language.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 10(j) petition jurisdiction was proper | Overstreet: Board delegated authority to General Counsel; district court jurisdiction valid. | EPD: quorum issues/staggered Board void delegation; subject matter jurisdiction lacking. | Jurisdiction proper; delegation valid despite later Board fluctuations. |
| Whether the injunction granting reinstatement was proper | Overstreet: there is a causal link between bad-faith bargaining and the strike; reinstatement just and proper. | EPD: no sufficient causation or reversible harm; reinstatement not warranted. | District court did not abuse discretion; reinstatement warranted to preserve status quo. |
| Whether the Dues Check-Off provision could be compelled via injunction | Overstreet: district court may require negotiation of Dues Check-Off; mandatory subject of bargaining. | EPD: court cannot compel agreement; wording overstepped. | Injunction affirmed with modification; replace 'accede to' with 'negotiate' the Dues Check-Off provision. |
| Scope of Pilot Freight Carriers test for § 10(j) relief | Overstreet/Board: Pilot Freight test governs; adequate reasonable cause shown. | EPD: apply a stricter traditional four-part equity test and irreparable harm. | Pilot Freight Carriers two-prong test remains the controlling standard. |
Key Cases Cited
- Pilot Freight Carriers, Inc. v. NLRB, 515 F.2d 1185 (5th Cir. 1975) (two-prong Pilot Freight test for § 10(j) relief)
- Muffley ex rel. NLRB v. Spartan Mining Co., 570 F.3d 534 (4th Cir. 2009) (authority to delegate petition power to General Counsel under § 10(j))
- New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009) (quorum and delegation issues; Board delegation not retroactively invalidated by later vacancies)
- NLRB v. Pope Mnt. Corp., 573 F.2d 898 (5th Cir. 1978) (standard on unfair labor practices and related remedies)
- H.K. Porter Co. v. NLRB, 397 U.S. 99 (U.S. 1970) (limits on courts' power to compel particular bargaining outcomes)