Rochelle Waste Disposal, LLC v. Nat'l Labor Relations Bd., No. 10-3213 (7th Cir. 2012)
Annotate this CaseThe employer operates a municipal landfill and had five permanent employees, including Jarvis, the "Landfill Supervisor." Jarvis and others discussed unionizing, but the company asserted that Jarvis was ineligible for inclusion. The Regional Director of the NLRB found that Jarvis was not a supervisor. Eight days before the election, Jarvis was terminated for what was later called "an egregious violation" in failing to cover the garbage. At the time, Jarvis was told that there was a reduction in force. Regardless, Jarvis cast a vote, and the result was 3-2 in favor of unionizing. The company refused to bargain; an ALJ found that Jarvis was improperly discharged. The NLRB affirmed. The Seventh Circuit denied the company's appeal and granted enforcement of the NLRB orders. Jarvis lacked authority "responsibly to direct" other employees (NLRA, 29 U.S.C. 152(11)) and was discharged based on protected union activity.
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