Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Appellant seeks damages from WMATA for an assault he suffered while working, unsatisfied with a workers' compensation order to which he previously stipulated. Another employee at WMATA pinned appellant to the ground and punched him until he was unconscious. After appellant gained consciousness, the employee attacked him again. Appellant sustained severe injuries and required hospitalization.The DC Circuit affirmed the district court's holding that Virginia's Workers' Compensation Act barred appellant's claim because his assault arose out of his employment. In this case, the manner in which appellant carried out his duties -- trying to help a customer -- motivated the employee's assault and thus his assault arose out of his employment. View "Workagegnehu v. Washington Metropolitan Area Transit Authority" on Justia Law

Bob's Tire petitioned for review of the Board's order concluding that Bob's violated the National Labor Relations Act. Bob's argued, among other things, that subcontracted work was not bargaining unit work and that, even if it was, the unit employees are owed no remedy because the subcontracting did not cause the loss of any jobs or hours of employment. The Board and the union cross-petitioned for enforcement of the order.The DC Circuit denied the petition for review, agreeing with the Board that there is substantial evidence in the record supporting its findings that petitioner failed to bargain with the union before subcontracting bargaining unit work. The court also agreed that an employer's duty to bargain over subcontracting "is not limited to situations in which employees are laid off or replaced." The court expressed no view as to whether the employees affected by Bob's unfair labor practices are due any backpay. The court also rejected petitioner's "joint-employer" argument as specious, and found that it was without jurisdiction to consider petitioner's arguments regarding the performance-based bonus program where petitioner failed to present the issue before the Board. The court granted the cross-motion for enforcement of the Board's order. View "Bob's Tire Co., Inc. v. National Labor Relations Board" on Justia Law

The DC Circuit granted Davidson's petition for review of the Board's decision determining that Davidson committed unfair labor practices by refusing to bargain with a union in two Board-certified units. The court concluded that neither the Regional Director nor the Board distinguished contrary Board precedents or the Regional Director’s first decision in this case.The court explained that the previous unit decision by the same Regional Director was sufficiently analogous that it should have been distinguished or otherwise addressed – at least when the Regional Director and Board were presented with the argument that the first decision required rejection of the union's later petitions. However, the Regional Director never mentioned the prior decision beyond incorporating the record and stating that "the petitioned-for unit in the instant case is different[.]" Furthermore, the Board must explain why the balance of factors differed from the factors considered in the Regional Director's first decision, and the Board failed to cite – let alone distinguish – a single contrary precedent even though Davidson cited several Board precedents that rejected separate units of hotel employees under similar circumstances. View "Davidson Hotel Co., LLC v. National Labor Relations Board" on Justia Law

The union represents teachers and other professional employees at schools on U.S. military bases in Puerto Rico. In 2015, the federal agency and the union began negotiating a successor to an expired collective bargaining agreement (CBA). The union sought to continue workday provisions from the 2011 agreement. The agency sought to eliminate the dedicated hour for preparatory and professional tasks and to require teachers to be at school for that hour. The agency argued that these terms implicated its right to assign work (5 U.S.C. 7106(a)(2)(B) and were nonnegotiable. The Federal Service Impasses Panel factfinder concluded that the workday provisions were negotiable and recommended that the successor agreement maintain them; recommended terms to resolve other disputes, including new compensation terms; and recommended that the successor agreement incorporate all provisions on which the parties had already tentatively agreed. The Panel ordered the parties to adopt an entire CBA according to those recommendations.The Federal Labor Relations Authority held that the Panel lacked authority to impose the workday and agreed-to provisions. The Panel is authorized to resolve bargaining impasses but not to resolve antecedent legal questions about whether disputed provisions are negotiable. Those questions turn on the scope of the duty to bargain in good faith, which the Authority must determine. The D.C. Circuit affirmed those rulings but set aside a ruling that the workday provision imposed by the Panel infringed the agency’s statutory right to assign work. View "Antilles Consolidated Education Association v. Federal Labor Relations Authority" on Justia Law

Intentional discrimination against the statutorily protected collective actions of employees remains discrimination even when it takes the form of scapegoating. Napleton petitioned for review of the Board's decision finding that Napleton's response to a union drive and a union strike constituted discrimination against the employees' rights to collective action under the National Labor Relations Act (NLRA).The DC Circuit held that the Board properly focused its analysis on the employer's discriminatory intent to punish its employees as a group for their known decision to unionize, rather than on the employer's knowledge of the targeted employees' individual views about the union. In this case, the Board's ruling that Napleton violated Sections 8(a)(3) and 8(a)(1) of the NLRA by terminating one employee and laying off another to punish its employees for their pro-union vote is reasoned, consistent with the statutory text and precedent, and supported by substantial evidence. The court denied the petition in all other respects and granted the Board's cross-application for enforcement. View "Napleton 1050, Inc. v. National Labor Relations Board" on Justia Law

Plaintiff filed suit against her employer, the EEOC, alleging that the agency had subjected her to a hostile work environment in violation of Title VII of the Civil Rights Act and had violated her rights under the Rehabilitation Act of 1973.The DC Circuit held that the district court erred in dismissing plaintiff's retaliatory hostile work environment claim under Title VII, as well as her interference and reasonable accommodation claims under the Rehabilitation Act. The court stated that an employer's deliberate attempts to affect an employee's finances and access to healthcare strike the court as precisely the type of conduct that might have dissuaded a reasonable worker from making or supporting a charge of discrimination. Therefore, the court reversed the district court's dismissal of the retaliatory hostile work environment claim under Title VII for events occurring in 2013 and remanded. The court also held that the district court erred by treating the Confirmation Form and Huffer Letter as definitive proof that the only accommodation plaintiff sought was an uncertain and indefinite amount of paid leave. Accordingly, the court reversed the district court's dismissal of the reasonable accommodation claim and remanded. The court also reversed the dismissal of the interference claim and remanded for further consideration of plaintiff's interference allegations. Finally, the court held that the district court properly dismissed plaintiff's confidentiality and medical inquiries claims. View "Menoken v. Dhillon" on Justia Law

This case arose from a longstanding dispute about which of two competing unions represents a group of several dozen mechanics who maintain and repair shipping equipment. Under NLRB v. Burns International Security Services, Inc., 406 U.S. 272 (1972), a successor employer inherits the collective-bargaining obligations of its predecessor only if the previously recognized bargaining unit remains appropriate under the successor. In determining whether the unit remains appropriate, the NLRB ignores workplace changes caused by unfair labor practices of the successor.The DC Circuit held that the Board did not adequately explain its decision for extending the rule to ignore changes caused by unfair labor practices of the predecessor. Because the Board did not engage in reasoned decisionmaking in the order under review, the court granted the petition for review of the Board's final order, set aside that order, denied the Board's cross-application for enforcement, and remanded for further proceedings. The court dismissed as moot the petition for review of the Board's order refusing to set aside the partial settlement. View "International Longshore & Warehouse Union v. National Labor Relations Board" on Justia Law

Pacific is the multi-employer bargaining representative in collective bargaining agreements (CBAs) for its employer members. One member, Long Beach, employs watchmen, represented by Local 26, and marine clerks, represented by another union, under separate agreements. Pleas, a watchman, had a work-related argument with a marine clerk, who filed a grievance against Pleas under the clerks' CBA. Local 26 wrote Pacific that it was not bound by that agreement and requested that Pacific not take action against Local 26 members based on the proceedings. Neither Pleas nor a Local 26 representative attended the arbitration hearing. The Arbitrator found that Pleas had violated the clerks' CBA and should be suspended from working at all Pacific employer member terminals for 28 days. Pacific notified its employer members of Pleas’ suspension. Local 26 filed unfair labor practice charges, alleging that those actions impermissibly modified the Watchmen’s Agreement and unilaterally imposed a new term and condition of employment without bargaining.The NLRB and D.C. Circuit found a violation of the NLRA, 29 U.S.C. 158(a)(1), (5), 158(d). Under the Watchmen’s Agreement, there was no “sound arguable basis” for Pacific and Long Beach to apply the clerks' CBA procedures and enforce the Arbitrator’s order against Pleas, who was covered under the Watchmen’s Agreement. Doing so unlawfully unilaterally changed the terms and conditions of Pleas’ employment. View "Pacific Maritime Association v. National Labor Relations Board" on Justia Law

The union filed suit challenging the Authority's decision overturning an arbitrator's award in a dispute arising from a termination provision of a collective bargaining agreement (CBA).The DC Circuit granted the petition for review as to the Authority's disposition of the breach claim and denied the petition as to the Authority's disposition of the unfair labor practice claim. The court explained that, in vacating the arbitrator's breach determination, the Authority's thorough, substantive review failed to conform to the proper standard of review. The court explained that the Authority's sole inquiry under the proper standard of review should have been whether the arbitrator was even arguably construing or applying the CBA. However, the Authority engaged in a much more searching review of the arbitrator's decision than permitted by law. The court also held that the Authority's explanation of the unfair labor practice issue, although terse, was not arbitrary and capricious. In this case, the Authority reasonably applied its precedent to determine that the employer did not repudiate the CBA even if it breached it. The panel remanded for further proceedings. View "National Weather Service Employees Organization v. Federal Labor Relations Authority" on Justia Law

Plaintiff filed suit under 42 U.S.C. 1983 against the District of Columbia, seeking compensation for the Executive Director of the Lottery Board's violation of plaintiff's Fifth Amendment rights. In this case, the Executive Director took a series of adverse personnel actions designed to push plaintiff out of his job without due process.The DC Circuit held that the district court erred in granting summary judgment for the District and in denying summary judgment for plaintiff on the question of Monell liability. The court held, as a matter of law, that the Executive Director acted as a final policymaker on behalf of the District when he took the series of personnel actions that led to plaintiff's constructive termination without due process. Therefore, the court held that the District is liable for the Executive Director's wrongdoing. The court remanded for the district court to enter summary judgment against the District on the liability issue and to determine the appropriate amount of damages. View "Thompson v. District of Columbia" on Justia Law