United States Court of Appeals, District of Columbia Circuit
Minteq International, Inc. and Specialty Minerals Inc., wholly owned subsidiaries of Mineral Technologies, Inc., Petitioners
National Labor Relations Board, Respondent International Union of Operating Engineers, Local 150, AFL-CIO, Intervenor
March 20, 2017
Petition for Review and Cross-Application for Enforcement of
an Order of the National Labor Relations Board
Maurice Baskin argued the cause for petitioners. With him on
the briefs were A. John Harper III, Jonathan O. Levine, and
Adam P. Tuzzo.
Weitz, Attorney, National Labor Relations Board, argued the
cause for respondent. With him on the brief were John H.
Ferguson, Associate General Counsel, Linda Dreeben, Deputy
Associate General Counsel, and Robert J. Englehart,
Charles R. Kiser argued the cause and filed the brief for
intervenor. Brian Powers entered an appearance.
Before: Garland, Chief Judge, Griffith, Circuit Judge, and
Sentelle, Senior Circuit Judge.
SENTELLE, SENIOR CIRCUIT JUDGE.
2012, employer-petitioner Minteq International, Inc. began
requiring new employees to sign a Non-Compete and
Confidentiality Agreement. The National Labor Relations Board
found that Minteq violated section 8(a)(1) and (5) of the
Fair Labor Standards Act by failing to afford the
employees' union notice or an opportunity to bargain over
Minteq's unilateral implementation of the requirement
that employees sign the agreement. We deny Minteq's
petition for review and enforce the Board's Order.
International, Inc. ("Minteq") sells the
application of its proprietary refractory materials for the
walls of furnaces used in the steel-making process, among
other things. In 2012, Minteq's employees were
represented by the International Union of Operating
Engineers, Local 150, AFL-CIO and covered by a collective
bargaining agreement ("CBA"). The relevant CBA
contained a management rights provision stating in part:
Except as expressly modified or restricted by a specific
provision of this Agreement, all statutory and inherent
managerial rights, prerogatives, and functions are retained
and vested exclusively in the Company, including, but not
limited to, the rights: . . . to control and regulate the use
of machinery, facilities, equipment, and other property of
the Company; to introduce new or improved research,
production, service, distribution, and maintenance methods,
materials, machinery, and equipment; to issue, amend and
revise work rules and Standards of Conduct, discipline steps,
policies and practices; and to take whatever action is either
necessary or advisable to manage and fulfill the mission of
the Company and to direct the Company's employees.
An employee who has never accrued seniority under this
Agreement or an employee rehired shall be in
"probationary" status until completion of six (6)
months of employment. . . . The discipline, layoff or
discharge of an employee who is in probationary status shall
not be a violation of this Agreement.
to the CBA, Minteq can discharge or discipline probationary
employees without just cause or recourse to ...