NLRB V.
CourtCourt of Appeals for the Second Circuit
Date FiledNovember 12, 2026
Docket24-479
StatusUnpublished
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Full Opinion
24-479
NLRB v. Local 282
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER
IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN
ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY
ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held
at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York,
on the 12th day of November, two thousand twenty-six.
Present:
JOHN M. WALKER, JR.,
PIERRE N. LEVAL,
EUNICE C. LEE,
Circuit Judges.
__________________________________________
NATIONAL LABOR RELATIONS BOARD,
Petitioner,
v. Docket No. 24-479
Docket No. 96-4080
LOCAL 282, INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AFL-CIO,
Respondent.
__________________________________________
For Petitioner: Helene D. Lerner, Aaron Samsel, Kwame
Samuda, Phillip H. Melton, National Labor
Relations Board, Washington, DC.
For Respondent: Hanan B. Kolko, K. Jeff Wang, Cohen,
Weiss and Simon LLP, New York, NY.
Respondent Local 282, International Brotherhood of Teamsters, AFL-CIO (“Local 282”)
moves for relief from the prospective operation of this Court’s August 18, 1998 consent order (the
“1998 Consent Order” or “Consent Order”), and, to the extent necessary, for recall of this Court’s
May 30, 1996 mandate enforcing an order of the National Labor Relations Board (“NLRB” or the
“Board”).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the motion to recall the mandate is DENIED as unnecessary and the motion to
abrogate the prospective effect of the 1998 Consent Order is GRANTED.
This matter arises from two related proceedings before this Court. In May 1996, we
granted the Board’s application to enforce an order issued under Section 8(b)(4) of the National
Labor Relations Act and directed issuance of our mandate. Thereafter, in July 1998, following
additional disputes concerning Local 282’s compliance with prior judgments and contempt
adjudications, the parties jointly requested entry of a consent order, which this Court approved on
August 18, 1998, and which resolved all outstanding issues. The Consent Order required Local
282, among other things, to refrain from unlawful secondary picketing activity and to implement
training, monitoring, and recordkeeping measures designed to ensure future compliance with
federal labor law.
Local 282 seeks relief from the prospective operation of the Consent Order after more than
a quarter century of undisputed compliance. Local 282 contends that the objectives of the
Consent Order have been achieved, that its leadership and institutional practices have materially
changed, and that continued judicial supervision is no longer equitable. The NLRB opposes the
motion, arguing principally that Local 282 has failed to demonstrate the sort of changed
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circumstances contemplated by Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992) for
vacatur of a consent decree and that continued compliance alone does not justify dissolution.
As an initial matter, we conclude that it is not necessary to recall this Court’s May 1996
mandate insofar as Local 282 seeks relief from the prospective operation of the 1998 Consent
Order. The Consent Order was entered pursuant to this Court’s original enforcement jurisdiction
and was not itself the subject of a separate mandate. As the Supreme Court explained in Standard
Oil Co. of California v. United States, an “appellate mandate relates to the record and issues then
before the court, and does not purport to deal with possible later events.” 429 U.S. 17, 18 (1976)
(per curium). Accordingly, a court does not contravene an earlier mandate by considering a later
request for prospective relief from an injunction. Id.; see also DeWeerth v. Baldinger, 38 F.3d
1266, 1270 (2d Cir. 1994). Because Local 282 seeks only relief from the prospective operation
of the 1998 Consent Order, and not reconsideration of the 1996 enforcement judgment itself, recall
of the mandate is unnecessary.
A federal court has authority to modify or terminate prospective injunctive relief when
changed circumstances or substantial attainment of a decree’s objectives render continued
prospective enforcement inequitable. See Rufo, 502 U.S. at 383–84 (holding modification
appropriate upon a significant change in factual conditions or law); Bd. of Educ. of Oklahoma City
Pub. Schs. v. Dowell, 498 U.S. 237, 247–50 (1991) (finding termination appropriate where the
purposes of the decree have been achieved in part through good-faith compliance); Patterson v.
Newspaper & Mail Deliverers’ Union of N.Y. & Vicinity, 13 F.3d 33, 37–39 (2d Cir. 1993)
(applying the flexible standard of Rufo and Dowell to a union consent decree); Horne v. Flores,
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557 U.S. 433, 450 (2009) (“[A] critical question . . . is whether the objective of the . . . order . . .
has been achieved.”).
Our precedents therefore require a flexible inquiry that considers, among other things:
(1) the circumstances giving rise to the decree, (2) the length of time since its entry, (3) whether
the party subject to the decree has complied in good faith, (4) whether the decree’s principal
objectives have been substantially attained, and (5) whether there remains a meaningful likelihood
that the conduct sought to be prevented will recur absent continued judicial supervision. See
Patterson, 13 F.3d at 38–39; Dowell, 498 U.S. at 249–50; Horne, 557 U.S. at 450. Applying
those principles, and considering the record as a whole, we conclude that the prospective operation
of the Consent Order is no longer necessary or equitable.
First, Local 282 has demonstrated an extraordinary and undisputed record of compliance,
which weighs heavily in favor of terminating prospective relief because “[c]ompliance with
previous court orders is obviously relevant” to determining whether continued judicial supervision
remains necessary. Dowell, 498 U.S. at 249. For more than twenty-six years following entry
of the Consent Order, the union has engaged in numerous strikes and picketing campaigns without
any finding that it engaged in unlawful secondary activity or violated the Consent Order. The
Board has not initiated contempt proceedings during that period. Nor has the Board identified
any adjudicated violation of Section 8(b)(4) occurring after entry of the decree. This lengthy
record of compliance is highly probative of the union’s good faith and bears directly on whether
continued supervision remains necessary. See Dowell, 498 U.S. at 249 (explaining that the
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passage of time permits a court “to observe the good faith of the school board in complying with
the decree”).
Second, the record reflects substantial institutional change, which further supports
dissolution of the Consent Order because equitable relief is directed toward present conditions
rather than historical misconduct alone. See id. The individuals who led Local 282 during the
decades that gave rise to the judgments, contempt adjudications, and eventual consent order are no
longer responsible for the union’s affairs. The present leadership has governed throughout a
substantial period of compliance that followed entry of the decree. The passage of time, coupled
with demonstrated lawful conduct under new leadership, permits the Court to assess whether the
decree’s objectives have been internalized rather than merely obeyed under threat of sanction.
Third, the dominant objective of the Consent Order has been achieved. A “critical
question” in determining whether prospective relief should continue is “whether the objective of
the . . . order . . . has been achieved.” Horne, 557 U.S. at 450. The decree was entered to ensure
that future picketing and labor activity by Local 282 would comply with federal law and, in
particular, with the prohibition on unlawful secondary activity under Section 8(b)(4). The
union’s decades-long record of lawful conduct demonstrates substantial attainment of that
objective. Patterson instructs that a court of equity may terminate a decree once its dominant
objective has been reached. 13 F.3d at 39 (“[W]e agree . . . that the decree has served its purpose,
and that all of its provisions may be ended.”).
Fourth, the Board has not identified evidence establishing a meaningful likelihood that
unlawful conduct will recur if the decree is dissolved. This has been considered both in our
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precedent and in closely analogous cases involving Section 8(b)(4) consent decrees. See
Patterson, 13 F.3d at 38–39; Bldg. & Constr. Trades Council of Phila. & Vicinity v. NLRB, 64
F.3d 880, 888 (3d Cir. 1995). Local 282 points to more than a quarter century of demonstrated
compliance. We note that the Board’s supplemental submission filed at this Court’s direction
following oral argument relied heavily on a pending charge filed against Local 282 in January
2025 as evidence of an ongoing need for judicial supervision. However, subsequent submissions
establish that the charging party sought withdrawal of that charge and that NLRB Region 29
approved the withdrawal request. The withdrawn charge therefore provides no basis for
concluding that unlawful secondary activity is likely to recur or that continued enforcement of the
consent order remains necessary. Nor has the Board identified any other adjudicated violation
occurring after entry of the Consent Order.
We acknowledge the Board’s argument that compliance with the consent order was
anticipated when the decree was entered and that compliance alone does not automatically warrant
dissolution. We agree that the mere passage of time is insufficient to justify dissolution of the
Consent Order. But our conclusion follows not from the passage of time alone, but from the
combined force of the factors recognized in Rufo, Dowell, Patterson, and Horne: sustained good-
faith compliance, substantial institutional reform, attainment of the decree’s principal objectives,
and the absence of evidence demonstrating a realistic likelihood of recurrence. See Patterson, 13
F.3d at 38–39. Continued prospective enforcement under these circumstances would transform
what was intended as equitable remedial relief into effectively permanent judicial supervision.
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Dowell rejected such a result, explaining that the principles governing dissolution of injunctions
do not require federal oversight to continue “for the indefinite future.” 498 U.S. at 249.
Accordingly, we conclude that prospective application of the August 18, 1998 consent
order is no longer equitable. The motion to recall the mandate is DENIED as unnecessary. The
motion to abrogate the prospective effect of the 1998 Consent Order is GRANTED. Nothing in
this order vacates or otherwise disturbs the historical judgments, findings, or contempt
adjudications previously entered by this Court, which remain part of the public record.
* * *
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk of Court
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