# Jacoby v. National Labor Relations Board

> Court of Appeals for the D.C. Circuit · April 11, 2003 · 325 F.3d 301

URL: https://www.frixlaw.com/law-library/cases/9439337

## Case

- **Full name:** Joe JACOBY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Local # 342, Intervenor
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** April 11, 2003
- **Citations:** 325 F.3d 301; 355 U.S. App. D.C. 401; 172 L.R.R.M. (BNA) 2199; 2003 U.S. App. LEXIS 6981; 2003 WL 1859879
- **Precedential status:** Published
- **Opinion:** Concurrence by Henderson
- **Judges:** Edwards, Henderson, Rogers
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9439337

## How later opinions describe it (automated extraction)

- stating that unions have a duty to use “ ‘objective criteria’ and ‘consistent standards’ ” in the operation of hiring-halls
- discussing overlap between DFR and unfair labor practice claims

## Opinion text

KAREN LeCRAFT HENDERSON, Circuit Judge,
concurring in the judgment:
While I concur, I by no means believe the issue is as open-and-shut as the substantive portion of the majority’s opinion suggests. See Majority Op. at 308-310. Plainly, Jacoby I did not find it so-Jacoby I declined to accept the Board’s position that as a matter of law “merely negligent conduct can never breach the duty of representation in any context, including that of the hiring hall.” Jacoby v. NLRB, 233 F.3d 611, 616 (D.C.Cir.2000). Nor did the Board, which apparently deemed its disposition here in conflict with its own decision in Int’l Ass’n of Bridge, Structural & Ornamental Ironworkers, Local 118 (California Erectors), 309 N.L.R.B. 808 , 1992 WL 389435 (1992)-“a Board case that upheld a [Duty of Fair Representation] charge for negligent conduct under similar circumstances.” Majority Op. at 303.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9439337. Public record. Not legal advice.