Abuse of Discretion – Due Process Violation

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7^th Circuit Court of Appeals

Case Name: University of Chicago v. National Labor Relations Board, et al.

Case No.: 18-3659; 19-1146

Officials: KANNE, HAMILTON, and BARRETT, Circuit Judges.

Focus: Abuse of Discretion – Due Process Violation

When a group of employees wants to collectively bargain with their employer, but the employer believes the group is ineligible for collective bargaining under the National Labor Relations Act, the two parties may address the dispute in a hearing before the National Labor Relations Board. At the hearing, a party may present evidence only if that evidence would be enough to sustain the party’s position. If the Board determines the party’s proposed evidence would not sustain its position, then the Board must refuse to accept the evidence.

Here, a group of students who worked part time for the University of Chicago Libraries wanted to collectively bargain with their university employer. The University believed the student group was ineligible for collective bargaining under the Act, and the University wanted to introduce evidence to support this argument at a hearing before the Board. The Board determined that the University’s proposed evidence would not sustain the University’s position that the students were ineligible for collective bargaining. So the Board did not admit the University’s evidence. Challenging that decision, the University petitioned our court for judicial review. The Board cross-applied for enforcement of its order finding the University should have bargained with its student employees.

We conclude that the Board’s refusal to admit the University’s evidence was not an abuse of discretion and did not violate the University’s due process rights. We deny the University’s petition and grant the Board’s cross-application.

Petition denied. Cross-application granted.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.