NLRB v. Allied Medical Transport, Inc., No. 14-15033 (11th Cir. 2015)
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Allied suspended and discharged two of the employees who supported the campaign to elect the union after Allied employees elected the union to represent them. The Board found that Allied illegally interfered with its employees’ union activities and unlawfully retaliated against the employees. The Board ordered Allied to refrain from future violations of the National Labor
Relations Act (NLRA), 29 U.S.C. 151 et seq., and to reinstate the employees with backpay. The court granted the petition for enforcement, concluding that the petition for enforcement is not moot and that substantial evidence supports the finding of the Board that the employees' support for the union was a motivating factor in the decision to fire them. The employees both actively supported and participated in the campaign to elect a union; Allied knew that the employees supported the union, and it suspended and discharged them only weeks after the workers voted in favor of the union; and Allied's CEO expressed antiunion animus. Substantial evidence also supports the finding that Allied would not have suspended and discharged the employees in the absence of their union activities.
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