NLRB holds employer can't scapegoat employee out of anger for union activity

The National Labor Relations Act (NLRA), like many federal laws, bans discrimination and retaliation. It prohibits an employer from discriminating over hiring, firing, or the terms or conditions of employment to encourage or discourage union membership. Typically, that occurs when the employer punishes or discriminates against an employee because he engaged in union or other protected activities. But what happens if an employer decides to take action against an employee without any knowledge that he had engaged in any such activities? The issue was recently addressed by the U.S Court of Appeals for the District of Columbia Circuit.

Two mechanics

The International Association of Machinists and Aerospace Workers began an organizing drive against Napleton Cadillac, a newly acquired car dealership located in Libertyville, Illinois. Unlike with many organizational drives, the dealership's employees didn't openly support or discuss the union at work. The employer engaged in a campaign in which it explained its opposition to unionization, including three "captive audience" meetings, and sent letters to employees.

Two journeyman mechanics who were included in the group of employees sought to be represented by the union were David Geisler, who had 22 years of service with the dealership, and Bill Russell, who had 29 years of service but had been out on workers' compensation leave.