Honeyville Grain, Inc. v. National Labor Relations Board

444 F.3d 1269, 179 L.R.R.M. (BNA) 2656, 2006 U.S. App. LEXIS 10474
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 27, 2006
Docket04-9577, 04-9591
StatusPublished
Cited by1 cases

This text of 444 F.3d 1269 (Honeyville Grain, Inc. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Honeyville Grain, Inc. v. National Labor Relations Board, 444 F.3d 1269, 179 L.R.R.M. (BNA) 2656, 2006 U.S. App. LEXIS 10474 (10th Cir. 2006).

Opinions

[1271]*1271HENRY, Circuit Judge.

This case requires us to determine whether a majority vote for a representative union was actionably clouded by a sustained or inflammatory appeal to religious bias. We may set aside the certification of the election only if the National Labor Relations Board (“the Board”) incorrectly applied the law or its findings are not supported by substantial evidence. 29 U.S.C. § 160(e); NLRB v. Velocity Express, Inc., 434 F.3d 1198, 1201 (10th Cir. 2006). Consequently, the Board has “wide discretion” in judging the fairness of an election, and a party objecting to pre-election conduct bears a “heavy burden” to prove that there has been prejudice to an election’s fairness. M & M Supermarkets, Inc. v. NLRB, 818 F.2d 1567, 1573 (11th Cir.1987).

In this appeal, Honeyville Grain asks us to set aside an election in which its truck drivers at a California facility voted in favor of a union to represent them. Honeyville contends that the union’s agents made inappropriate remarks at a union meeting, five days before the election, by referring to the religious beliefs of the company’s owners in an attempt to inflame the drivers’ religious prejudices. The Board certified the union as the exclusive bargaining agent of the employees, and Honeyville subsequently refused to bargain with the union. The Board later ordered Honeyville to cease and desist from refusing to bargain. In response, Honey-ville petitions for review of the Board’s order, and the Board cross-appeals to enforce the order. We exercise jurisdiction under 29 U.S.C. § 160(e) and (f). Based on our deferential standard of review, we deny Honeyville’s petition for review and enforce the order of the Board.

I.BACKGROUND

Honeyville Grain is a Utah corporation with facilities in California and Utah. It processes and distributes food products, and it employs truck drivers to deliver its products. In February 2002, the Local 166 of the International Brotherhood of Teamsters, AFL-CIO (“the Union”) petitioned the Board for an election in a unit of Honeyville’s full-time and part-time truck drivers at the Rancho Cucamonga, California facility. “[T]he Board not only conducts elections, but it also oversees the propaganda activities of the participants in the election to insure that the voters have the opportunity of exercising a reasoned, untrammeled choice for or against labor organizations seeking representation rights.” Sewell Mfg. Co., 138 NLRB 66, 69, 1962 WL 16079 (1962).

The Board conducted a secret-ballot election at Rancho Cucamonga on April 12, 2002. All thirty-two eligible voters cast ballots; twenty-three voted in favor of the Union, seven voted against the Union, and two ballots were challenged. Later that month, Honeyville filed ten objections to the election. Relevant to this appeal, Honeyville objected to comments made in a meeting held at the Union’s office five days before the election; twenty to twenty-five of the drivers attended. Meeting attendees testified that two Union agents, Rene Torres and David Acosta, stated:

1. Honeyville is run by Mormons;
2. Honeyville is giving its money to the Mormon Church;
3. Companies have tax incentive to give profits to churches, which should be shared with the workers instead;
4. Honeyville’s Mormon owners not only give their money to the Mormon Church, but they also give money to the Mormon missionaries; and
5. Mormons are missionaries, and missionaries speak good Spanish.

Rec. vol. Ill, at 38-39, 75-76, 149-151, 155-56, 174-76, 298-304, 308. Mr. Torres is a driver with Honeyville Grain, and Mr. [1272]*1272Acosta is a business agent and organizer for the Teamsters Local 396. Mr. Acosta claimed that he made no reference to missionaries or the Mormon Church at the meeting.

The most extensive testimony came from Enrique Erazo, a Honeyville driver who attended the meeting where the religious remarks were made. At a Board hearing, Mr. Erazo testified that Mr. Torres stated:

[The drivers] have rights to benefits. So, the money the Company was making — -was a rich Company and so, the money that the Company was making, they needed to share it with every worker and improve the benefits to workers.
Since the Company was a Company run by Mormons, [the Union] said they would ... see to it that they would make better contributions — they did to the church and they would also distribute or share that money with Missionaries going out of the country and because the money was tax deductible and that is why they would give part of that money to the Mormon Church, instead of giving it to — -sharing it with the workers — the opportunity that they have in order to better their way of life.

Id. at 38-39.

Mr. Erazo further testified that the meeting attendees applauded after Mr. Torres discussed the distribution of the company’s profits and referenced the religious beliefs of its owners. Neither party has put forward any evidence about the religious makeup' of the unit employees. The religious remarks were made at one of about ten Union meetings held prior to the election. -

A Regional Director of the Board investigated Honeyville’s objections to the election and directed that a hearing be conducted as to nine of the objections. After the hearing, the Hearing Officer recommended that the Board overrule each of Honeyville’s objections, including the objection about the religious remarks, and certify the Union. The Hearing Officer’s Report stated:

[Wjithin the context of the April 7th Union meeting, Acosta and Torres were agents of the Union to the extent that their statements were made to all the unit employees in the presence of Stephenson [the Union’s business agent] and to the extent to which Stephenson failed to repudiate their statements. Nonetheless, here, [Honeyville] has not met its burden to show any religious comments were inflammatory in nature. In the context of trying to persuade the unit employees that they should improve their lot, the evidence supports that Torres stated to unit employees that if an organization contributes to a church, then that organization has less profits to share with its workers. He also said that companies have business incentives to reduce their taxes. Within the context of his statement reasonable inferences can be made that Torres was talking about Honeyville and the Mormon Church.
Nonetheless, whether or not Torres’s comments are true, the comments are not prejudicial to the extent that the employees would not be able to weigh .the truth of the matter to reach their own conclusions. [Honeyville] put forth hearsay (or at least non-probative) evidence that many of the managers at Honeyville are Mormons, yet [Honey-ville] did not put forth any evidence of the religions of the unit employees or any evidence concerning why the statements as alleged specifically appealed to religious prejudices that the unit employees may have had.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
444 F.3d 1269, 179 L.R.R.M. (BNA) 2656, 2006 U.S. App. LEXIS 10474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/honeyville-grain-inc-v-national-labor-relations-board-ca10-2006.