In an otherwise unremarkable case concerning an unfair labor practice, the Sixth Circuit tackled a very interesting venue question concerning to which court union election disputes may be appealed. Brentwood at Hobart v National Labor Relations Board The union election took place in Indiana, but the appeal was brought to the Sixth Circuit. Under the National Labor Relations Act, a company agrrieved by the order of the NLRB may appeal to any federal court of appeals where the unfair labor practice in question occurred, and any court of appeals where the company resides or transacts business, or the D.C. Circuit. The Sixth Circuit regarded these provisions as implicating venue, rather than subject matter jurisdiction. Based on recent U.S. Supreme Court case law, the Sixth Circuit held that any “threshold” limitation on a statute will be treated as jurisdictional only if Congress “clearly” says so. After concluding that the geographic limitations in the National Labor Relations Act related to venue rather than jurisdiction, the court recognized that it had discretion to transfer the case to a more appropriate venue, such as the Seventh Circuit where the alleged unfair labor practice occurred. The court declined to take this step, however, finding “ample” connections with the Sixth Circuit. For anyone wanting a primer on appellate venue under the National Labor Relations Act, you should take a look at this case!
