Oil, Chemical & Atomic Workers Local Union No. 6-418 v. National Labor Relations Board

694 F.2d 1289, 224 U.S. App. D.C. 314
CourtCourt of Appeals for the D.C. Circuit
DecidedNovember 30, 1982
DocketNos. 82-1418 to 82-1420, 82-1589, 82-1743 and 82-1940
StatusPublished
Cited by1 cases

This text of 694 F.2d 1289 (Oil, Chemical & Atomic Workers Local Union No. 6-418 v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oil, Chemical & Atomic Workers Local Union No. 6-418 v. National Labor Relations Board, 694 F.2d 1289, 224 U.S. App. D.C. 314 (D.C. Cir. 1982).

Opinions

Opinion filed PER CURIAM.

Concurring Statement filed by Circuit Judge WILKEY.

PER CURIAM:

The issues presented here on motion constitute an attempt by two losers of a race to the courthouse to invalidate the results of the race on the grounds that they didn’t know the race was on and that the winner wasn’t entitled to enter the race. The respective employer intervenors in these two cases, Colgate-Palmolive Company (“Col[317]*317gate”) and Borden Chemical, a Division of Borden, Inc. (“Borden Chemical”), seek to destroy the venue advantage gained by the petitioning union’s1 prior filing of its petitions in this Court for review of two decisions by the National Labor Relations Board (NLRB or “Board”). Colgate and Borden Chemical argue (1) that the NLRB’s decision notification procedures denied the companies sufficient notice that the race to the courthouse had begun; (2) that the failure of the union and this Court to comply with the service requirements contained in the Federal Rules of Appellate Procedure also denied the companies notice of the race; (3) that the union is not a truly aggrieved party entitled to respect of its choice of forum; and (4) that the convenience of the parties in the interest of justice militates in favor of transfer. The employers also argue that the alleged lack of aggrievement requires that the petitioning union be dismissed for lack of standing.

We have previously determined that the Board’s notification procedures provide all affected parties with an equal opportunity to gain adequate knowledge of a Board decision. International Union of Electrical, Radio and Machine Workers v. NLRB, 610 F.2d 956 (D.C.Cir.1979). We further conclude today that this court had no obligation to notify intervenors of the filing by the union of the petitions for review, and that the failure of the union to comply with the applicable service requirements is neither jurisdictional nor prejudicial in this case. Finally, it is clear that the union was truly aggrieved by the Board’s actions and that the convenience of the parties in the interest of justice favors venue in this circuit.

The union’s choice of this forum is therefore entitled to respect. The motions to transfer are denied. In addition, because aggrievement sufficient to withstand transfer presupposes aggrievement sufficient to confer standing, the motions to dismiss are also denied.

I. Background

The petitioning union locals have been attempting since 1977 to obtain from Colgate and Borden Chemical certain information claimed relevant to employee health and safety. Although the requests for information varied between the two companies, both Colgate and Borden Chemical were asked to reveal the names of all chemicals and raw materials used and produced in their respective Kansas City, Kansas and Fremont, California plants.2 Both employers refused to supply the requested information, claiming that it contained confidential and proprietary data and that legitimate business reasons justified nondisclosure.3 The union then filed unfair labor practice charges with the NLRB.

By separate decisions in 1979 Borden Chemical and Colgate were both found by two regional NLRB administrative law judges (ALJ) to have engaged in unfair labor practices in violation of Sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA or “Act”), 29 U.S.C. § 158(a)(5) and (1) (1976). Borden Chemical was ordered to furnish the complete requested list of raw materials and chemicals stored, handled and processed in its Fremont, California plant. Colgate was ordered to furnish most of the information requested of it, but the furnishing of the alleged proprietary or trade secret informa[318]*318tion sought was relegated to the collective bargaining process in the hope that good faith bargaining would lead to acceptable methods of furnishing such information while maintaining satisfactory safeguards to preserve legitimate employer interests in confidentiality. Both Colgate and the Kansas City Local appealed the latter decision to the Board. As the Fremont Local had completely prevailed before the ALJ, only Borden Chemical appealed the California decision.

Because they presented substantially identical legal issues, the two proceedings were consolidated for oral argument before the Board.4 Specifically, both cases presented, inter alia, the question of whether and in what circumstances an employer may withhold health and safety information claimed to be confidential or proprietary.

By separate decisions and orders issued April 9, 1982, the Board sustained the unfair labor practice charges against Colgate and Borden Chemical. The Board determined that “because health and safety are terms and conditions of employment, data regarding such matters is relevant to the Union’s representational functions.”5 Thus, the Board found that the union was entitled to all of the requested information. The Board declined, however, to order that all of the information be released. Rather, the Board ordered the employers to furnish the union with all of the information requested, except the information alleged to be confidential or proprietary. The Board cited Supreme Court precedent to the effect that the union’s need for information must be balanced against any “legitimate and substantial” confidentiality interests of the employer. See Detroit Edison Company v. NLRB, 440 U.S. 301, 99 S.Ct. 1123, 59 L.Ed.2d 333 (1979). The Board, however, declined to undertake the balancing itself before first affording the parties an opportunity to reach an accommodation on their own, in the hope that “good faith bargaining may lead to acceptable methods of furnishing [proprietary] information while maintaining satisfactory safeguards to preserve confidentiality.”6 The Board ordered the parties to bargain, acknowledging that should the union and the companies be unable to reach agreement “these parties may be before us again.”7 If necessary, the Board stated it would “undertake the task of balancing the Union’s right of access to data relevant to collective bargaining with [the employers’] expressed confidentiality concerns in accordance with the principles set forth in Detroit Edison.”8

The Board issued the decisions on Friday, April 9,1982 by simultaneously mailing copies to all interested parties. On the following Monday, April 12, 1982, the union received its copies of the decisions, and filed corresponding petitions for review in this court. Borden Chemical also received its copy of the decision in its case on Monday, and Colgate received its copy on Tuesday, April 13, 1982. Some two weeks later, Colgate and Borden Chemical filed petitions for review in the Tenth and Ninth Circuits, [319]*319respectively. Colgate and Borden Chemical have both moved to dismiss the union’s petitions in this court on the ground that the union is not an “aggrieved party” entitled to review.

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Bluebook (online)
694 F.2d 1289, 224 U.S. App. D.C. 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oil-chemical-atomic-workers-local-union-no-6-418-v-national-labor-cadc-1982.