Nat'l Labor Relations Bd. v. Staffing Network Holdings, LLC, No. 15-1582 (7th Cir. 2016)
Annotate this CaseStaffing Network provided 80 full‐time employees for ReaderLink, including an on‐site manager, pickers, and stockers. Pickers work on a production line, selecting books to fill orders, and placing books in boxes. Stockers ensure that pickers have an adequate supply of books. Barrera began working as a picker in 2004. Except for once punching the clock too early, Barrera worked for eight years without incident. In 2012, while filling a large order, a stocker said that he would work no faster for $8.25 an hour and was sent home. Other workers, including Barrera, became upset. After referring to contacting the Department of Human Rights, Barrera was told to collect her things and go home. Barrera initially refused. Others came to Barrera’s defense. Later, having been told to leave and not come back, Barrera surmised that she had been terminated, applied for unemployment benefits, and filed an unfair labor practice charge. An ALJ found violation of 29 U.S.C. 158(a)(1); rejected claims that Barrera was not terminated or that any discharge was justified; found that Barrera did not lose the protection of the Act under the Atlantic Steel Co.factors; and ordered that Barrera be offered reinstatement and lost earnings. The Board affirmed. The Seventh Circuit granted the NLRB’s petition for enforcement.
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