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Mars Home For Youth v. National Labor Relations Board

October 26, 2011

MARS HOME FOR YOUTH,
PETITIONER
v.
NATIONAL LABOR RELATIONS BOARD,
RESPONDENT
THE PENNSYLVANIA SOCIAL SERVICES UNION, LOCAL 668 OF
THE SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO,
INTERVENOR
NATIONAL LABOR RELATIONS BOARD,
PETITIONER
THE PENNSYLVANIA SOCIAL SERVICES UNION, LOCAL 668 OF THE SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, INTERVENOR
v.
MARS HOME FOR YOUTH,
RESPONDENT



ON PETITION FOR REVIEW AND CROSS- APPLICATION FOR ENFORCEMENT OF AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD

The opinion of the court was delivered by: Fuentes, Circuit Judge.

PRECEDENTIAL

Submitted Under Third Circuit L.A.R. 34.1(a), October 5, 2011

BEFORE: McKEE, Chief Judge, FUENTES, GREENBERG, Circuit Judges

OPINION OF THE COURT

Mars Home for Youth filed a Petition for Review of a final decision and order of the National Labor Relations Board (the "Board"). The Board filed a Cross Application for Enforcement. Mars Home seeks review of the Board's determination that five Assistant Residential Program Mangers ("assistant managers") were not "supervisors" under Section 2(11) of the National Labor Relations Act (the "Act"), and thus were able to participate in a unionizing vote. We reject Mars Home's petition and grant the Board's crossapplication for enforcement.

I.

Mars Home for Youth is a facility that provides residential and other services to at-risk juveniles. Each of the six residential units is staffed by a residential program manager ("program managers"), an assistant residential program manager, and resident assistants ("assistants"). The assistants report to the assistant managers who, in turn, report to the program manager.

The Pennsylvania Social Services Union Local 669 a/w Service Employees International Union a/w CTW ("Union") filed a petition before the National Labor Relations Board seeking to represent the assistants and assistant managers as a collective bargaining unit. Mars Home opposed the inclusion of the assistant managers on the basis that they were supervisors. After a hearing, the Regional Director of the NLRB issued a decision finding that the five assistant managers were not supervisors and could be included in the collective bargaining unit. Mars Home timely sought review of the decision, which was denied.

Union elections were held and the group voted 34-31 in favor of allowing the Union to represent them collectively. The NLRB certified the Union as the exclusive collective- bargaining representative of the employees. Mars Home refused to bargain, contending that the certification was invalid.

The Union filed an unfair labor practice charge and the NLRB issued a complaint against Mars Home alleging that its refusal to bargain violated Sections 8(a)(1) and (5) of the National Labor Relations Act. The Board found that Mars Home violated the Act and issued a cease and desist order. Mars Home timely petitioned this Court and the Board crosspetitioned for enforcement of its order.*fn1

II.

Our review of the National Labor Relations Board's decisions is limited. We "accept the Board's factual determinations and reasonable inferences derived from factual determinations if they are supported by substantial evidence." Citizens Publishing and Printing Co. v. NLRB, 263 F.3d 224, 232 (3d Cir. 2001). Substantial evidence is "more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Id. We uphold the Board's conclusions of fact "even if we would have made a contrary determination had the matter been before us de novo." Id. The Board's legal determinations are subject to plenary review, but "with due deference to the Board's expertise in labor matters." NLRB v. St. George Warehouse, Inc., 645 F.3d 666, 671 (3d Cir. 2011). We uphold the Board's interpretations of the Act if they are reasonable. Citizens ...


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