747 F.3d 903
D.C. Cir.2014Background
- The NLRB issued an order that both Remington Lodging and UNITE HERE! Local 878 (the Union) sought to challenge by filing petitions for review in different courts of appeals.
- The Union filed in the Ninth Circuit and promptly mailed a court-and-date-stamped copy of its petition to the Board within the 10-day period in 28 U.S.C. § 2112(a).
- Remington filed in the D.C. Circuit; the D.C. Circuit Clerk’s Office, pursuant to 29 U.S.C. § 160(f), transmitted a court-and-date-stamped copy of Remington’s petition to the Board.
- The Board received both court-stamped copies within the ten-day statutory window but contended it had not received Remington’s petition "from the persons instituting the proceedings" because it came from the Clerk, not Remington personally.
- The Board moved to transfer Remington’s petition to the Ninth Circuit under 28 U.S.C. § 2112(a)(5); Remington argued the Clerk’s transmission satisfied § 2112(a)(1).
- The court had to decide whether receipt from a court clerk counts as receipt "from the persons instituting the proceedings" for purposes of § 2112(a)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the NLRB "receive[d]... from the persons instituting the proceedings" under 28 U.S.C. § 2112(a)(1) when the court clerk transmitted a court-and-date-stamped copy of the petition | Remington: Clerk’s transmission under § 10(f) satisfies § 2112(a)(1) so the D.C. Circuit need not transfer the case | NLRB: "Receive from the persons" requires the petitioner (not the clerk) to transmit the court-stamped petition; clerk transmission is insufficient | The court held clerk transmission does not satisfy § 2112(a)(1); grant transfer to Ninth Circuit |
Key Cases Cited
- Lamie v. U.S. Trustee, 540 U.S. 526 (2004) (avoidance of surplusage in statutory interpretation)
- Rock Island, Arkansas & Louisiana R.R. Co. v. United States, 254 U.S. 141 (1920) (statutory literalism: parties must comply strictly with statutory commands)