Airgas USA, LLC v. National Labor Relations Board, No. 18-1686 (6th Cir. 2019)Annotate this Case
Rottinghouse, an Airgas truck driver, was issued a written warning for failing to properly secure his cargo. An ALJ found that the company used that written discipline to retaliate against Rottinghouse for previously filing charges against it in violation of 29 U.S.C. 158(a)(4). The NLRB affirmed and the Sixth Circuit granted an application for enforcement of the NLRB’s order. The NLRB’s conclusions were supported by substantial evidence. Substantial evidence supports the Board’s conclusions that the operation manager’s (Froslear’s) description of the events was not credible and that he was not truly concerned with fixing a safety problem; this supported a finding that Froslear was motivated by anti-union animus. The temporal proximity between the protected activity and the discipline was evidence of animus and was within the NLRB’s authority to consider the difference in treatment between Rottinghouse and another in attempting to discern anti-union animus.