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Lucas v. NLRB

Lucas v. NLRB

United States Court of Appeals for the Ninth Circuit

February 13, 2002, Argued and Submitted, San Francisco, California ; April 16, 2003, Filed

No. 00-71452

Opinion

 [*928]  PAEZ, Circuit Judge:

Steven Lucas petitions for review of a decision of the National Labor Relations  [*929]  Board ("Board"). Lucas claims that the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 720, AFL-CIO ("Union") violated sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act 1 (the "NLRA" or the "Act") by refusing to readmit him to its exclusive hiring hall in March 1995. After an administrative hearing, the Administrative Law [**2]  Judge ("ALJ") found that the Union's refusal to reinstate Lucas was arbitrary and unfair, and therefore constituted an unfair labor practice under sections 8(b)(1)(A) and 8(b)(2) of the NLRA.

The Board reversed and dismissed the complaint. Applying the "wide range of reasonableness" standard articulated in Air Line Pilots Ass'n v. O'Neill, 499 U.S. 65, 81, 113 L. Ed. 2d 51, 111 S. Ct. 1127 (1991) (internal quotation marks omitted), it determined that the Union's refusal to permit Lucas to re-register was not arbitrary in light of its finding that he had been permanently expelled from the hiring hall in 1994 for fifteen years of misconduct.

We conclude that in dismissing Lucas's complaint, (1) the Board erred in applying O'Neill's highly deferential standard in lieu of the heightened duty of fair dealing that applies in the exclusive hiring hall context, and (2) the Board's finding that the Union's refusal to allow Lucas to re-register was necessary [**3]  to protect the effective representation of its constituency was not supported by substantial evidence. Accordingly, we reverse the Board's decision and remand so that the Board may enter an appropriate remedial order in favor of Lucas.

BACKGROUND

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333 F.3d 927 *; 2003 U.S. App. LEXIS 7146 **; 172 L.R.R.M. 2206; 148 Lab. Cas. (CCH) P10,191; 2003 Cal. Daily Op. Service 3190; 2002 Daily Journal DAR 4061

STEVEN LUCAS, Petitioner, v. NLRB NATIONAL LABOR RELATIONS BOARD, Respondent.

Prior History:  [**1]  On Petition for Review of an Order of the National Labor Relations Board. NLRB No. 28-CB-4351.

International Alliance of Theatrical Stage Emples., 332 N.L.R.B. 1, 2000 N.L.R.B. LEXIS 601 (2000)

Disposition: Reversed and remanded.

CORE TERMS

hiring hall, fair representation, substantial evidence, unfair labor practice, negotiated, union membership, heightened duty, deferential, alleged misconduct, misconduct, referral, readmit, fair dealing, articulated, bargaining, employees, expelled, refuse to reinstate, re-register, quotation, marks

Labor & Employment Law, Collective Bargaining & Labor Relations, General Overview, Administrative Law, Judicial Review, Standards of Review, Substantial Evidence, Governments, Courts, Judicial Precedent, Labor Arbitration, Duty of Fair Representation, Unfair Labor Practices, Union Violations, Breach of Duty of Fair Representation, Discipline, Layoffs & Terminations, Civil Procedure, Appeals, De Novo Review, Environmental Law, Administrative Proceedings & Litigation, Judicial Review, Reviewability, Factual Determinations, Criminal Law & Procedure, Defenses, Necessity, Judgments, Relief From Judgments, Local Governments, Administrative Boards