DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193570P.pdf 03/16/2021 Transdev Services, Inc. v. NLRB
U.S. Court of Appeals Case No: 19-3570
and No: 20-1057
National Labor Relations Board
[PUBLISHED] [Shepherd, Author, with Colloton and Wollman, Circuit Judges]
Petition for Review and Cross-Petition for Enforcement. The Board found
that Transdev had failed to show that a certain class of workers called
road supervisors were supervisors under Section 2(11) of the National
Labor Relations Act and allowed them to organize; Transdev petitions for
review of that order and the Board cross-petitions for enforcement of its
related order determining Transdev unlawfully refused to bargain with the
union as certified representatives of the workers. Transdev's petition for
review is denied and the cross-petition is granted. The Board's decision
was supported by substantial evidence and it did not act arbitrarily or
capriciously in finding that Transdev failed to show the road supervisors
were statutory supervisors, certifying the union or finding that Transdev
committed an unfair labor practice.