Employer-Employee: Union Decertification-Refusal to Process Grievances-Refusal to Permit Union Participation

The parties cross-petitioned from the decisions of the National Labor Relations Board. Employer, which operated an acute care hospital, had CBAs with two unions, SEIU and NNOC. SEIU’s members voted to decertify the union, after which employer refused to process three of the members’ grievances. SEIU objected to the decertification election results. Following an unrelated grievance, NNOC alleged that employer had refused to allow it to participate in the meeting.

Where the NLRA only conferred rights on employees, the NLRB erred in ruling that employer violated the NLRA by withdrawing recognition of SEIU before the decertification election results were certified, especially where the NLRB ultimately certified the results.

Petitions are granted in part and denied in part.

Midwest Division-RMC, LLC v. National Labor Relations Board (MLW No. 84499/Case No. 24-1680, 24-1863 & 24-1829 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from National Labor Relations Board. (Proloy K. Das I, Hartford, CT and Amanda K. Hansen, St. Louis, MO for petitioners; Thomas Keim, Spartanburg, SC; Patricia G. Griffith, Atlanta, GA; and Christopher N. Grant, St. Louis, MO on the brief) (Greg P. Lauro, NLRB, Washington, D.C. for respondent; Elizabeth Ann Heaney, NLRB, Washington, D.C. and Kellie Isbell, NLRB, Washington, D.C. on the brief)