Williamson v. National Labor Relations Board
2011 U.S. App. LEXIS 13658
| 6th Cir. | 2011Background
- Williamson, an Operating Engineers Local 324 member, worked as Hydro X’s labor consultant for a start-up testing hydro excavation.
- Local 324 charged Williamson in Nov. 2005 with urging other unions to claim Hydro X’s work in the traditional Operating Engineers’ jurisdiction.
- Local 324 fined Williamson $500 and expelled him after a hearing in Dec. 2005; appeal stayed while pursued in internal channels.
- Williamson continued to work for Hydro X during the appeal, and served on Hydro X’s bargaining committee in early 2006 without Local 324 interference.
- Williamson’s expulsion became effective July 21, 2006 after the General Executive Board denied his appeal; Williamson later challenged the Board’s handling in court.
- Board ultimately dismissed Williamson’s unfair labor practices charge, and the Sixth Circuit denied relief, holding Board findings substantial and its interpretation permissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williamson's conduct is within 8(b)(1)(B) protections | Williamson: acts were 8(b)(1)(B) activities | Board: conduct not protected 8(b)(1)(B) activities | Not protected; information gathering not within 8(b)(1)(B) coverage |
| Whether the relevant time period includes 2006 activity | All actions up to July 21, 2006 relevant | Only conduct before November 2005 relevant | Limit to August–November 2005 activities; 2006 bargaining activity not at issue |
| Whether information gathering is closely related to bargaining | Gathering information is closely related to bargaining | Information gathering is not protected; no bargaining yet | Information gathering not sufficiently related to bargaining to be protected; Board’s interpretation permissible |
Key Cases Cited
- Royal Electric Co. v. NLRB, 481 U.S. 573 (1987) (narrow interpretation of 8(b)(1)(B); protects only bargaining/grievance activities and closely related ones)
- Fla. Power & Light Co. v. Int'l Bhd. of Elec. Workers, Local 641, 417 U.S. 790 (1974) (limits 8(b)(1)(B) to bargaining/grievance activities; contract interpretation as related activity debated)
- Local 104, Int'l. Ass'n of Sheet Metal Workers v. Local 104, 64 F.3d 465 (9th Cir. 1995) (contract interpretation not broadly protected under 8(b)(1)(B))
- Mount Clemens Gen. Hosp. v. NLRB, 328 F.3d 837 (6th Cir. 2003) (substantial-evidence standard; limits on 8(b)(1)(B) protections)
- New Process Steel, L.P. v. NLRB, 130 S. Ct. 2635 (2010) (two-member Board lacks quorum; impact on Board precedents)
- S.F.-Oakland Mailers' Union No. 18, 172 N.L.R.B. 2173 (1968) (early expansion of 8(b)(1)(B) to supervisory conduct)