A federal appeals court ruled that the National Labor Relations Board was out of line when it ordered Overnite Transportation to bargain with the Teamsters
union at four service centers that voted against unionizing.
According to the Associated Press, the 4th U.S. Circuit Court of Appeals ruled that the NLRB's decision was not supported by evidence to justify the order. That order told the less-than-truckload carrier to bargain with the Teamsters at terminals in Norfolk, Va.; Louisville, Ky.; Bridgeton, Mo.; and Lawrenceville, Ga.
Now the court has ordered new union elections at the four service centers.
Although employees at the four locations voted against union representation in 1995, the NLRB overturned the election results and in November 1999 ordered the company to start contract talks with the union. The board said that Overnite committed unfair labor practices by offering incentives such as raises and new benefits to workers at Overnite terminals if they voted not to unionize.
Although the court said that most of the labor board's findings of unfair labor practices in 1995 were supported by substantial evidence, it disagreed that Overnite committed unfair labor practiced when it implemented a wage increase in January 1996.
One member of the three-judge panel dissented, saying the appeals court had "substituted its judgment for the expertise of the [Labor] Board."