Vincent Industrial Plastics, Inc. v. National Labor Relations Board

The International Chemical Workers Union (the union) filed unfair-labor-practice (ULP) charges with the National Labor Relations Board (NLRB) (plaintiff) against manufacturer Vincent Industrial Plastics, Inc. (Vincent) (defendant). The union alleged Vincent unilaterally changed employment terms and conditions, coercively interrogated an employee, terminated employees for supporting the union, and unlawfully withdrew its recognition of the union, all in violation of the National Labor Relations Act (NLRA). An administrative-law judge (ALJ) found Vincent guilty of all but one charge and recommended a cease-and-desist order with reinstatement and backpay for unlawfully fired employees, and an order affirmatively requiring Vincent to recognize the union and resume collective bargaining. All the ALJ said to justify the affirmative order was that the “serious and egregious misconduct shown here[] demonstrates a general disregard for fundamental rights guaranteed employees by Section 7 of the [NLRA].” The NLRB applied its own traditional four-factor test for determining whether a causal connection existed between unremedied ULPs and a petition to decertify a union, found multiple ULPs had tainted the decertification petition, and explained in detail how each factor supported its decision. However, the NLRB also approved the affirmative order as written, without adding additional justification in support. Vincent appealed, and the NLRB cross-appealed for enforcement.