NLRB Judge Rules Bus Company Unlawfully Refused to Hire Former Union Stewards or Recognize Union

It is against the National Labor Relations Act to fire or refuse to hire someone because of their because of activities in support of (or even against) a union. Attorney Jillian Ryan worked alongside a National Labor Relation Board's General Counsel representative to persuade an administrative law judge that Connecticut company, M&J Bus, refused to hire two individuals because of they served as union stewards for a predecessor bus company. She also helped persuade the judge that M&J Bus unlawfully refused to recognize UFCW Local 1459 as the representative of employees.

Employers rarely admit that they discriminate against union supporters. So, cases often are built on circumstantial evidence. The evidence in this case was the inexplicable and unsupported reasons the employer gave for not hiring two former union stewards. The Employer offered employment to 22 of 26 employees who drove school buses from the previous company, including drivers less experienced than the stewards. The stewards were only two of four drivers not offered employment.

The Employer's refusal to hire the stewards was inconsistent with its stated hiring practices. The Employer said it preferred experienced bus drivers and to encourage a smooth transition with the company that previously provided school bus services. The union stewards had a combined 15 years of experience. The Employer's preference for hiring less senior (and therefore less costly) drivers was belied by its refusal to hire one steward with only four years of experience. Finally, the Employer never contended that the employees were not qualified.

Based on the foregoing, the only reasonable inference to be drawn from the Employer's actions is that the refusal to hire stewards was because of their union activity. The Employer, in fact, discussed their union activity during interviews with other prospective drivers and hired those individuals who voiced opposition to the Union. There was no other fact or factor to distinguish them from the other former drivers who were offered employment.

The Judge also found that a majority of employees hired by M&J Bus were formerly represented by Local 1459 at the predecessor bus company. As a result, the Employer had an obligation to recognize Local 1459 as the bargaining representative of employees.