ASARCO, Inc. v. National Labor Relations Board

Wade Fields, an employee of ASARCO, Inc. (plaintiff) and member of the International Chemical Workers Union (union), died when he apparently drove a tractor over an abrupt 30-foot drop-off inside a zinc mine owned by ASARCO. There were no witnesses to the accident. The collective-bargaining agreement between ASARCO and the union required the union to assist management in promoting safety and enforcing safety rules. A team that included representatives of ASARCO and the union, as well as investigators from the federal Mine Safety and Health Administration (MSHA), conducted an extensive investigation of the accident site. A few days later, the union requested that its industrial hygienist be allowed to visit the site, and ASARCO refused without explanation. ASARCO also did not comply with the union’s request for copies of photographs taken of the accident site and a copy of ASARCO’s internal investigation report, arguing that the union could satisfy its representation duties and need for information by reviewing the MSHA report and communicating with the union representatives who participated in the investigation. The union did receive a copy of the MSHA’s investigative report. The union filed unfair-labor-practice charges, alleging that ASARCO violated § 8 of the National Labor Relations Act (act). An administrative-law judge ruled in favor of the union and ordered ASARCO to give the union hygienist access to the site and to turn over the photographs and internal report. The National Labor Relations Board (board) (defendant) affirmed, and ASARCO petitioned for review. The board filed a cross-petition, and the union intervened.