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Bentonite Performance Minerals, LLC v. National Labor Relations Board
Citation: 456 F. App'x 2Docket: Nos. 10-1265, 10-1419
Court: Court of Appeals for the D.C. Circuit; January 9, 2012; Federal Appellate Court
The court reviewed a petition for review and a cross-application for enforcement regarding Bentonite Performance Minerals' actions at its mine in Northeast Wyoming, where management allegedly encouraged employees to decertify their union. The National Labor Relations Board (NLRB) found that Bentonite's efforts to solicit signatures for decertification constituted unfair labor practices under Section 8(a)(1) of the National Labor Relations Act, which prohibits employer interference with employees' rights. The NLRB determined Bentonite violated Section 8(a)(5) and (1) by withdrawing union recognition, failing to provide requested information, and unilaterally altering employment terms. The court upheld the NLRB’s findings, noting that employer solicitation of signatures invalidates decertification petitions. Bentonite's claims that it merely responded to employee inquiries were rejected as unsupported by substantial evidence. The court clarified that the NLRB did not need to apply the Master Slack test for causation in this case, as it involved direct employer interference. Additionally, Bentonite's challenge to an affirmative bargaining order imposed by the NLRB was dismissed due to lack of jurisdiction, as it did not raise this issue during proceedings. The court ordered that the petition for review be denied and the cross-application for enforcement granted, with the disposition remaining unpublished. The issuance of the mandate is delayed pending any timely rehearing petitions.