11th Circuit Upholds NLRB Complaint

A case in the 11th Circuit, which covers Alabama, Florida, and Georgia, has upheld an enforcement order related to the engagement of union activities. It is important that employers do not treat employees different based on union participation or support. Here are the details of the case.

Allied Medical Transport, a medical transport company, had workers that sought to unionize. A campaign and election were held and a bargaining unit was elected. The owner of the company made his opposition to the union known during the campaign. After approval, two drivers who were active in the campaign were terminated, under suspicion for not remitting their full fares to Allied.

Although they had similar explanations for the discrepancy, the matter was turned over to the local police. However, two other employees who had similar issues before the organizing campaign were not terminated. The employees turned to the NLRB and they filed a complaint against Allied for violations of the National Labor Relations Act, namely for illegally retaliating against employees for engaging in union activities.

An NLRB administrative law judge initially ruled for Allied, but it was overturned by the NLRB, which said that retaliation did occur and that the employees had to be reinstated with back pay. Allied appealed to the 11th Circuit. They upheld the order of the NLRB, citing extensive evidence.

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