ASARCO, Inc. v. National Labor Relations Board
United States Court of Appeals for the Sixth Circuit
805 F.2d 194 (1986)
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.
Rule of Law
Holding and Reasoning (Peck, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 710,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 710,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.