Rieth-Riley Construction Co., Inc. v. National Labor Relations Board, et al.

Under the National Labor Relations Act, the National Labor Relations Board issues two kinds of decisions: representation decisions and unfair-labor-practices decisions. See 29 U.S.C. §§ 159, 160. Representation decisions address who is the proper bargaining representative for a group of workers, including petitions to certify or decertify a union. Id. § 159(c). Unfair-labor-practices decisions address alleged wrongdoing by the union or employer, including a refusal to bargain. Id. § 160. The nature of the decision determines the path for judicial review. Unfair-labor-practices decisions are broadly appealable. Id. § 160(e)–(f). Representation decisions are also appealable, but only if an unfair-labor-practices decision is “based in whole or in part” on the representation case. Id. § 159(d). In the decision below, the Sixth Circuit added a new jurisdictional requirement for reviewing representation decisions, holding they are reviewable only if they involve a “‘bargaining unit determination’ made by the Board, such that the decision creates, clarifies, or eliminates a bargaining obligation.” Pet.App.17a–18a. It became the first court in the country to adopt such a rule. Applying its new rule, the Sixth Circuit held that one category of representation decisions—Board dismissals of an employee’s petition to decertify a union—should be entirely insulated from judicial review. On its view, the dismissal of a decertification petition merely “maintain[s] the status quo” and thus cannot be reviewed. Pet.App.18a. The question presented is: Whether the NLRB’s representation decisions are subject to judicial review only if they create, clarify, or eliminate a bargaining obligation.