Rochelle Waste Disposal, LLC v. National Labor Relations Board
673 F.3d 587
| 7th Cir. | 2012Background
- Rochelle Waste operates a municipal landfill with five permanent employees, including Jarvis who is titled Landfill Supervisor.
- Jarvis and two coworkers began discussing unionization; Rochelle Waste challenged the unit as Jarvis being supervisory under NLRA 2(11).
- Regional Director found Jarvis not a supervisor and included him in the bargaining unit; election scheduled for Feb 1, 2007.
- Jarvis was terminated eight days before the election for alleged failure to cover landfill waste; Rochelle Waste claimed reduction in force.
- Board later sustained ALJ finding Jarvis discharged in violation of NLRA after reviewing supervisory status and timing of firing.
- Board orders enforcing union representation and requiring Rochelle Waste to bargain were entered; Rochelle Waste sought review, Board cross-applied for enforcement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Jarvis a supervisor under NLRA 2(11)? | Rochelle Waste argued Jarvis had authority to direct and discipline others and accountability tied to license. | NLRB concluded Jarvis lacked such authority and did not responsibly direct others with independent judgment. | Board's conclusion that Jarvis lacked supervisory status is supported by substantial evidence. |
| Was Jarvis's termination retaliatory for union activity? | Rochelle Waste argued business reasons; firing was due to workforce reduction independent of union activity. | Board found termination motivated by protected union activity and testimony, not legitimate business grounds. | Board's finding of retaliatory discharge based on union activity is supported by substantial evidence. |
Key Cases Cited
- NLRB v. Kentucky River Cmty. Care, Inc., 532 U.S. 706 (U.S. 2001) (defers to informational framework for supervisory status under 2(11))
- Loparex LLC v. NLRB, 591 F.3d 540 (7th Cir. 2009) (clarifies 'responsibly to direct' and corrective action concepts)
- Oakwood Healthcare, Inc., 348 NLRB 686 (NLRB 2006) (defines 'responsible direction' and accountability under 2(11))
- SCA Tissue N. Am. LLC v. NLRB, 371 F.3d 983 (3d Cir. 2004) (substantial-evidence standard for Board credibility findings)
- NLRB v. So-White Freight Lines, Inc., 969 F.2d 401 (7th Cir. 1992) (overview of NLRA supervisory status framework)
- Joy Recovery Tech. Corp. v. NLRB, 134 F.3d 1307 (7th Cir. 1998) (unlawful retaliation standard for antiunion animus)
- Hotel Employees and Restaurant Employees Int'l Union Local 26, 446 F.3d 200 (1st Cir. 2006) (support for inference of pretext in discharge rationale)
- New Process Steel, L.P. v. NLRB, 130 S. Ct. 2635 (U.S. 2010) (requires three-member Board panel to exercise delegated authority)
- Metropolitan Edison Co. v. NLRB, 460 U.S. 693 (U.S. 1983) (derivative violation framework for 8(a)(3))