Allentown MacK Sales & Service, Inc. v. National Labor Relations Board

522 U.S. 359, 118 S. Ct. 818, 139 L. Ed. 2d 797, 11 Fla. L. Weekly Fed. S 305, 157 L.R.R.M. (BNA) 2257, 1998 Colo. J. C.A.R. 509, 98 Cal. Daily Op. Serv. 635, 66 U.S.L.W. 4100, 1998 U.S. LEXIS 649
CourtSupreme Court of the United States
DecidedJanuary 26, 1998
Docket96-795
StatusPublished
Cited by587 cases

This text of 522 U.S. 359 (Allentown MacK Sales & Service, Inc. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allentown MacK Sales & Service, Inc. v. National Labor Relations Board, 522 U.S. 359, 118 S. Ct. 818, 139 L. Ed. 2d 797, 11 Fla. L. Weekly Fed. S 305, 157 L.R.R.M. (BNA) 2257, 1998 Colo. J. C.A.R. 509, 98 Cal. Daily Op. Serv. 635, 66 U.S.L.W. 4100, 1998 U.S. LEXIS 649 (1998).

Opinions

Justice Scalia

delivered the opinion of the Court.

Under longstanding precedent of the National Labor Relations Board, an employer who believes that an incumbent union no longer enjoys the support of a majority of its employees has three options: to request a formal, Board-supervised election, to withdraw recognition from the union and refuse to bargain, or to conduct an internal poll of employee support for the union. The Board has held that the latter two are unfair labor practices unless the employer can show that it had a “good-faith reasonable doubt” about the union’s majority support. We must decide whether the Board’s standard for employer polling is rational and consistent with the National Labor Relations Act, and whether the Board’s factual determinations in this ease are supported by substantial evidence in the record.

I

Mack Trucks, Inc., had a factory branch in Allentown, Pennsylvania, whose service and parts employees were represented by Local Lodge 724 of the International Association [362]*362of Machinists and Aerospace Workers, AFL-CIO (Local 724). Mack notified its Allentown managers in May 1990 that it intended to sell the branch, and several of those managers formed Allentown Mack Sales & Service, Inc., the petitioner here, which purchased the assets of the business on December 20, 1990, and began to operate it as an independent dealership. From December 21,1990, to January 1,1991, Allentown hired 32 of the original 45 Mack employees.

During the period before and immediately after the sale, a number of Mack employees made statements to the prospective owners of Allentown Mack Sales suggesting that the incumbent union had lost support among employees in the bargaining unit. In job interviews,, eight employees made statements indicating, or at least arguably indicating, that they personally no longer supported the union. In addition, Ron Mohr, a member of the union’s bargaining committee and shop steward for the Mack Trucks service department, told an Allentown manager that it was his feeling that the employees did not want a union, and that “with a new company, if a vote was taken, the Union would lose.” 316 N. L. R. B. 1199, 1207 (1995). And Kermit Bloch, who worked for Mack Trucks as a mechanic on the night shift, told a manager that the entire night shift (then five or six employees) did not want the union.

On January 2,1991, Local 724 asked Allentown Mack Sales to recognize it as the employees’ collective-bargaining representative, and to begin negotiations for a contract. The new employer rejected that request by letter dated January 25, claiming a “good faith doubt as to support of the Union among the employees.” Id., at 1205. The letter also announced that Allentown had “arranged for an independent poll by secret ballot of its hourly employees to be conducted under guidelines prescribed by the National Labor Relations Board.” Ibid. The poll, supervised by a Roman Catholic priest, was conducted on February 8,1991; the union lost 19 [363]*363to 13. Shortly thereafter, the union filed an unfair-labor-practice charge with the Board.

The Administrative Law Judge (ALJ) concluded that Allentown was a “successor” employer to Mack Trucks, Inc., and therefore inherited Mack’s bargaining obligation and a presumption of continuing majority support for the union. Id., at 1203. The ALJ held that Allentown’s poll was conducted in compliance with the procedural standards enunciated by the Board in Struksnes Constr. Co., 165 N. L. R. B. 1062 (1967), but that it violated §§ 8(a)(1) and 8(a)(5) of the National Labor Relations Act (Act), 49 Stat. 452, as amended, 29 U. S. C. §§ 158(a)(1) and 158(a)(5), because Allentown did not have an “objective reasonable doubt” about the majority status of the union. The Board adopted the ALJ’s findings and agreed with his conclusion that Allentown “had not demonstrated that it harbored a reasonable doubt, based on objective considerations, as to the incumbent Union’s continued majority status after the transition.” 316 N. L. R. B., at 1199. The Board ordered Allentown to recognize and bargain with Local 724.

On review in the Court of Appeals for the District of Columbia Circuit, Allentown challenged both the facial rationality of the Board’s test for employer polling and the Board’s application of that standard to the facts of this case. The court enforced the Board’s bargaining order, over a vigorous dissent. 83 F. 3d 1483 (1996). We granted certiorari. 520 U. S. 1103 (1997).

II

Allentown challenges the Board’s decision in this case on several grounds. First, it contends that because the Board’s “reasonable doubt” standard for employer polls is the same as its standard for unilateral withdrawal of recognition and for employer initiation of a Board-supervised election (a so-called “Representation Management,” or “RM,” election), the Board irrationally permits employers to poll only when it would be unnecessary and legally pointless to do so. Sec[364]*364ond, Allentown argues that the record evidence clearly demonstrates that it had a good-faith reasonable doubt about the union’s claim to majority support. Finally, it asserts that the Board has, sub silentio (and presumably in violation of law), abandoned the “reasonable doubt” prong of its polling standard, and recognizes an employer’s “reasonable doubt” only if a majority of the unit employees renounce the union. In this Part of our opinion we address the first of these challenges; the other two, which are conceptually intertwined, will be addressed in Parts III and IV.

Courts must defer to the requirements imposed by the Board if they are “rational and consistent with the Act,” Fall River Dyeing & Finishing Corp. v. NLRB, 482 U. S. 27, 42 (1987), and if the Board’s “explication is not inadequate, irrational or arbitrary,” NLRB v. Erie Resistor Corp., 378 U. S. 221, 236 (1963). Allentown argues that it is irrational to require the same factual showing to justify a poll as to justify an outright withdrawal of recognition, because that leaves the employer with no legal incentive to poll. Under the Board’s framework, the results of a poll can never supply an otherwise lacking “good-faith reasonable doubt” necessary to justify a withdrawal of recognition, since the employer must already have that same reasonable doubt before he is permitted to conduct a poll. Three Courts of Appeals have found that argument persuasive. NLRB v. A. W. Thompson, Inc., 651 F. 2d 1141, 1144 (CA5 1981); see also Mingtree Restaurant, Inc. v. NLRB, 736 F. 2d 1295 (CA9 1984); Thomas Industries, Inc. v. NLRB, 687 F. 2d 863 (CA6 1982).

While the Board’s adoption of a unitary standard for polling, RM elections, and withdrawals of recognition is in some respects a puzzling policy, we do not find it so irrational as to be “arbitrary [or] capricious” within the meaning of the Administrative Procedure Act, 5 U. S. C. § 706.

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522 U.S. 359, 118 S. Ct. 818, 139 L. Ed. 2d 797, 11 Fla. L. Weekly Fed. S 305, 157 L.R.R.M. (BNA) 2257, 1998 Colo. J. C.A.R. 509, 98 Cal. Daily Op. Serv. 635, 66 U.S.L.W. 4100, 1998 U.S. LEXIS 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allentown-mack-sales-service-inc-v-national-labor-relations-board-scotus-1998.