Lou's Transport, Inc. v. National Labor Relations Board, No. 18-1909 (6th Cir. 2019)
Annotate this CaseHershey started as a truck driver for Lou’s under a collective bargaining agreement (CBA) in July 2012. In January 2013, Hershey used a company radio to “discuss[] the poor working conditions.” Hershey began displaying hand-written signs in his truck regarding the working conditions and other matters.” At a safety meeting in March, Hershey “stated that the drivers were upset because of the dangerous road conditions.” Two days later, Lou’s managers searched Hershey’s truck, found 16 signs, and fired him. The Sixth Circuit upheld the Board’s finding that Hershey was terminated at least in part because of the January radio conversation, which was “concerted protected activity.” Ben’s did not contest that argument in administrative proceedings. More than three years later, Lou’s continued to dispute the amount of back pay that Hershey is owed. An ALJ entered a backpay order; the Board upheld the order. Lou’s appealed, raising numerous challenges to the NLRB’s calculations and order. The Sixth Circuit granted a petition for enforcement. The Board has broad discretion to resolve factual disputes and to select formulas to calculate uncertain figures and did not abuse that discretion. The Board correctly analyzed the sufficiency of the reinstatement offer; its factual findings were supported by substantial evidence.
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