AutoNation, Inc. v. Nat'l Labor Relations Bd., No. 14-2991 (7th Cir. 2015)
Annotate this CaseLibertyville Toyota is a 140-employee car dealership with an 80-person service department. In 2011 Libertyville’s owner, AutoNation, became aware of interest in unionization and held meetings with the affected staff, the last of which was surreptitiously recorded. Around the same time, Libertyville suspended an automotive painter, Huerta, after receiving an anonymous voicemail accusing Huerta of promoting the union cause and of receiving a charge of driving under the influence. Huerta was ultimately fired. The Union filed charges with the National Labor Relations Board. An administrative law judge concluded that certain comments by the AutoNation executives at the recorded meeting violated the National Labor Relations Act, but did not uphold the accusation that AutoNation had unlawfully suspended and discharged Huerta because of his union activity. The Board affirmed as to the meeting but reversed as to Huerta’s discharge. The Seventh Circuit determined that the decision was supported by substantial evidence and entitled to enforcement.
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