Dive Brief:
- A panel of three judges for the 4th U.S. Circuit Court of Appeals issued an unpublished opinion, bearing no precedent in the circuit, and judgment against Garten Trucking in Virginia, according to Wednesday filings.
- The panel found that orders by the National Labor Relations Board were proper in which the federal agency determined a series of violations by the business when employees considered an election in 2021 to establish a union and be represented by the Association of Western Pulp and Paper Workers.
- Layers for the business didn’t immediately return messages seeking comment about whether Garten planned to seek further relief from the entire 4th Circuit.
Dive Insight:
After Garten asked the appeals court to review the matter last year, the panel found there was substantial evidence across four areas in question supporting the NLRB orders.
The panel said that evidence showed the company interrogated employees, supported allegations of the company threatening jobs and a plant closure, improperly disciplined employees who talked about union matters on break, and had an unlawfully broad employee solicitation policy.
An NLRB ruling in 2024 required the company to begin bargaining with the pulp and paper association because of the wrongdoings by management. Another 4th Circuit panel found last year that a portion of a message by Garten co-owner Robert "Dizzy" Garten on an internal message board for the business created a “coercive threat of reprisal” in apparently tying wage increases to employees’ union activities.
