Roemer Industries, Inc. v. National Labor Relations Board
688 F. App'x 340
6th Cir.2017Background
- Roemer Industries employed unionized workers; Bruce Haas was suspended for a production error that affected Brad Johnson.
- Union representatives and Roemer employees Ronald Merrick and Geraldine Dolata investigated Haas’s grievance and spoke with Johnson about observed problems and potential testimony.
- Johnson reported to his supervisor that he did not want to testify; Merrick left and allegedly called Johnson a “backstabber” and said he couldn’t be trusted.
- Roemer’s CEO suspended Merrick and Dolata (one-day each for intimidation/bullying; Merrick received an additional three days for a separate comment) under the company Threats and Violence Policy.
- The union filed unfair labor charges; the NLRB found Roemer violated Sections 8(a)(1) and (3) of the NLRA by disciplining protected, concerted grievance-investigation activity and ordered make-whole relief and posting of a remedial notice.
- The Sixth Circuit reviewed for substantial evidence, declined to reweigh credibility, and enforced the Board’s order, denying Roemer’s petition for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Merrick and Dolata’s conduct was protected concerted activity (res gestae of a grievance investigation) | The Board/NLRB: investigation of Haas’s grievance is protected; discipline unlawful | Roemer: the reps were bullying/intimidating Johnson and trying to coerce him to lie for Haas, so discipline was permissible | Conduct was protected as grievance-investigation res gestae; substantial evidence supports the Board’s finding |
| Whether substantial evidence supports the Board’s findings | NLRB: record supports inference that activity was protected; ALJ credibility determinations valid | Roemer: evidence supports a bullying characterization and court should reconsider excluded documents | Court defers to Board/ALJ; substantial-evidence standard met; declines to reweigh facts or admit excluded material |
Key Cases Cited
- NLRB v. City Disposal Sys. Inc., 465 U.S. 822 (1984) (establishes that grievance investigation can be protected as res gestae of concerted activity)
- NLRB v. Galicks, Inc., 671 F.3d 602 (6th Cir. 2012) (articulates substantial-evidence standard of review for Board findings)
- FiveCAP, Inc. v. NLRB, 294 F.3d 768 (6th Cir. 2002) (discusses deference to Board’s reasonable inferences and credibility determinations)