McKinney v. Ozburn-Hessey Logistics, LLC

In 2013, OHL reassigned Smith, an eight-year employee, who regularly discussed Union business with co-workers, distributed Union materials, tried to convince her co-workers to sign Union cards, and wore pro-Union apparel to work. Jones, an OHL janitor, was less outspoken about the Union but talked with his pro-Union colleagues and, at least once, raised issues about the Union in a meeting with OHL management. Jones was involved in an altercation between management and a pro-Union employee. Before being fired in 2013, Jones had received a final written warning for safety violations; he was fired after another incident. During 2013, 10 employees requested their Union cards back and interest in Union meetings dropped. The regional NLRB filed an administrative complaint against OHL, claiming that it had committed unfair labor practices in an attempt to stifle Union support and obtained a temporary injunction under the National Labor Relations Act, 29 U.S.C. 160(j), returning Smith to her old position and reinstating Jones. An ALJ subsequently rejected the unfair labor practice complaints because Smith was receiving the same pay and benefits and her new job was not more onerous. OHL employees unionized in 2013. In 2016, a federal court ordered OHL to begin the collective bargaining process. The Sixth Circuit upheld the injunction with respect to Smith and vacated with respect to Jones. View "McKinney v. Ozburn-Hessey Logistics, LLC" on Justia Law