Nat'l Labor Relations Bd. v. Contemporary Cars, Inc., No. 15-1187 (7th Cir. 2016)
Annotate this CaseThe Mercedes-Benz of Orlando dealership service department had 37 technicians in 2008, who were paid by the job rather than by the hour. The International Association of Machinists began a campaign to organize the technicians. During the campaign, the dealership held “educational” meetings with the technicians, engaged in lay-offs, and received information about the unionization efforts from a pro-union technician. The technicians voted in favor of unionizing; the dealership contested the result. A decline in business accelerated and, without attempting to bargain with the union, the dealership reduced the “book times” for some pre-paid maintenance jobs and laid off more technicians. In 2009, a two-member NLRB panel affirmed certification of the union. In 2010, after the Supreme Court held that the Act requires the Board to decide cases with a minimum of three members, a new order affirmed the certification determination. In 2012, the Eleventh Circuit enforced the Board order. The NLRB then filed an unfair practices complaint. An ALJ found that the employers engaged in unfair labor practices aimed at coercing their employees’ choices before the union election and frustrating their employees’ protected concerted activities after the election; fired an employee due to anti-union animus; and unlawfully made multiple changes to working conditions without bargaining with the union. The NLRB affirmed. The Seventh Circuit enforced the order.
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