Baker DC, LLC v. National Labor Relations Board

102 F. Supp. 3d 194, 2015 WL 1941516
CourtDistrict Court, District of Columbia
DecidedApril 22, 2015
DocketCivil Action No. 15-0571 (ABJ)
StatusPublished
Cited by7 cases

This text of 102 F. Supp. 3d 194 (Baker DC, LLC v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker DC, LLC v. National Labor Relations Board, 102 F. Supp. 3d 194, 2015 WL 1941516 (D.D.C. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

AMY BERMAN JACKSON, United States District Judge

Plaintiffs Baker DC, LLC (“Baker”) and three of its employees, Shannon W. Cotton, Michael A. Murphy, and Jorge E. Gonzalez Villareal (“the employee plaintiffs”),1 bring this action against defendant, the National Labor Relations Board (“NLRB” or “the Board”), challenging the Board’s Final Rule entitled “Representation — Case Procedures,” 79 Fed.Reg. 74,-308 (Dec. 15, 2014) (“Final Rule”). Compl. [Dkt. # 1]; Am. Compl. [Dkt. # 12]. Specifically, they argue that the Final Rule exceeds the Board’s authority under the National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., in violation of the Administrative Procedures Act (APA), 5 U.S.C. § 701 et seq., and that the new requirements violate Baker’s First Amend[197]*197ment right to refrain from speaking and its Fifth Amendment due process rights to privacy and to a full and fair elections process. Compl.; Am. CompL On April 17, 2015, Baker moved for a temporary restraining order seeking to stay the enforcement of the Final Rule.2 Mot. for Temporary Restraining Order [Dkt. #3] (“Pl.’s Mot.”); Mem. in Supp. of Pl.’s Mot. [Dkt. # 3-1] (“PL’s Mem.”). Because,- the Court finds that Baker has failed to show that it or its employees will suffer irreparable harm if subjected to the Final Rule’s requirements, the Court denies the motion for a temporary restraining order.

BACKGROUND

On December 15, 2014, the Board published the Final Rule in the Federal Register. 79 Fed.Reg. 74,308 (Dec. 15, 2014). The Final Rule implements twenty-five discrete changes to the procedures governing the election of union representatives for the purposes of collective bargaining. Id. 74,308-10. As announced in December, it went into effect on April 14, 2015. Id. at 74,308.

On April 15, 2015, the United Construction Workers Local Union No. 202-Metro-politan Regional Council of Carpenters (“the Union”) filed a petition with the Board seeking to represent Baker’s employees working as carpenters and laborers at construction sites in the District of Columbia area. PL’s Mem. at 1-2. The Board “has indicated to Baker its intent to process the petition,” and any related preelection and election procedures, under the provisions of the Final Rule. Id. at 2.

On April 17, 2015, Baker filed a complaint accompanied by a motion for a temporary restraining order, alleging that the Final Rule violates the NLRA, the APA, and Baker’s constitutional rights. Compl. ¶5. Specifically, Baker asserts that the Final Rule makes improper, “dramatic changes to the representation election process” because it:

• Requires employers to post a notice of election constituting compelled speech ’ prior to any determination by the Board that the petition has sufficient merit to require an election to be held;
• Requires employers to file a burdensome written Statement of Position prior to any hearing being held, upon penalty of precluding employers from presenting evidence at the hearing on any issue not addressed in the Statement, contrary to the rights given to [198]*198employers to present such- evidence in Section 9 of the Act;
• Requires employers to disclose to a petitioning union confidential information about employees inside and outside the petitioned-for unit prior to any hearing being held, upon the same unlawful penalty;
• Postpones evidence taking and litiga- ' tion over critical issues of voter eligibility until after' an election takes place;
• Requires employers to turn over employees’ highly personal and private information such as personal phone numbers and e-mail addresses to labor organizations within two business days after a decision and direction of election is issued;[ ]
• Sharply limits the opportunity for employers to seek pre-election Board review, and a stay of the election, by eliminating a 25-day automatic waiting period for such review; and
• Eliminates employers’ automatic right to post-election Board review (post-election review would now be discretionary).

Id. ¶4. The motion for the temporary restraining order claims that Baker will be irreparably harmed by each of these requirements, Pl.’s Mem. at 2-3, but it only discusses two of them — the notice posting requirement and the disclosure of employee information — in detail when identifying the irreparable' harm that supports injunctive relief. Id. at 11-12. .

The Court held a telephone conference' between the parties on the record on April 17, 2015, during which it gave the Board the opportunity to brief the issue of irreparable harm by April 20, 2015, and it granted Baker’s request to respond by April 21, 2015. See Minute Entry (Apr. 17, 2015); Def.’s Opp. to PL’s Mot. as to Irreparable Harm [Dkt. # 8] (“Def.’s Opp.”); Pis.’ Reply to Def.’s Opp. to Mot. for TRO with Regard to -Irreparable Harm [Dkt. # 11] (“Pis.’ Reply”). On April 21, 2015, along with its reply, Baker filed an amended complaint that added three of its employees as plaintiffs. Am. Compl. ¶ 10.

ANALYSIS

“A temporary restraining order is an extraordinary remedy, one that should be granted only when the moving party, by a clear showing, carries the burden of persuasion.” Sibley v. Obama, 810 F.Supp.2d 309, 310 (D.D.C.2011), citing Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997); Munaf v. Geren, 553 U.S. 674, 690-91, 128 S.Ct. 2207, 171 L.Ed.2d 1 (2008). When considering a motion for a temporary restraining order, the Court must consider whether the movant has met its burden of demonstrating that “(1) it has a substantial likelihood of succeeding on the merits; (2) it will suffer irreparable harm if the injunction is not granted; (3) other interested parties will not suffer substantial harm if the injunction is granted; and (4) the public interest would be furthered by the injunction.” Sea Containers Ltd. v. Stena AB, 890 F.2d 1205, 1208 (D.C.Cir.1989). “The could considers the same factors in ruling on a motion for a temporary restraining order and a motion for a preliminary injunction.” Morgan Stanley DW Inc. v. Rathe, 150 F.Supp.2d 67, 72 (D.D.C.2001). ,

‘The D.C. Circuit “has set a high standard for irreparable injury” — it “ ‘must be both certain and great; [and] it must be actual and not theoretical.’ ” Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290, 297 (D.C.Cir.2006), quoting Wisc. Gas Co. v. FERC, 758 F.2d 669, 674 (D.C.Cir.1985) (per curiam). A movant’s failure to make a showing of [199]*199irreparable injury is grounds for refusing to grant emergency relief, even if the other factors are met. See id,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
102 F. Supp. 3d 194, 2015 WL 1941516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-dc-llc-v-national-labor-relations-board-dcd-2015.