Erickson Trucking Serv., Inc. v. Nat'l Labor Relations Bd.

929 F.3d 393 (2019) United States Court of Appeals for the Sixth Circuit 2019-07-10

Review of enforced Board finding that crane operators were discharged to retaliate against workforce union pressure. (result: claimant-won)

Facts

  1. 6 Union-related discriminatory motivation satisfied proved
    From May to July of 2016, Erickson fired six members of the Local as they completed projects-30% of the company's operators.
  2. 6 Union-related discriminatory motivation satisfied proved
    The layoffs "could be reversed," he added, if the workers would "get the Union to back off."
  3. 6 Union-related discriminatory motivation satisfied proved
    Substantial evidence supports its conclusion.
  4. 7 Same action absent unlawful motive not proved
    We disagree. The conclusion was a reasonable one on this record.
  5. 7 Same action absent unlawful motive not proved
    Making matters harder to justify, Erickson said that he would reverse his decision if the Local changed its ways.
  6. 7 Same action absent unlawful motive not proved
    Yet until then he had never fired a crane operator.