The Board decision largely affirmed an earlier ruling by Administrative Law Judge Michael A. Rosas, who found that, in addition to the illegal firings, the company unlawfully ordered employees to refrain from discussing wages and working conditions with each other, promised benefits to discourage union organizing, created the impression that employee union activity was being watched, and interrogated and threatened employees regarding their union activities. The Board also found that the company violated the Act by granting a wage increase to the employees after learning of the organizing drive. The union later prevailed in a secret ballot election.
(In the same decision, the Board severed two remedial issues and invited briefs on questions of tax collection and Social Security payments.)Charges were filed by the fired drivers and Teamsters Local 777 at the NLRB Regional Office in Chicago, which investigated and issued a complaint alleging the violations. While the case was pending before the Board, attorneys in the Region won atemporary injunction in federal district court and the company was ordered to, among other things, offer reinstatement to the two fired drivers and post a copy of the court’s order in both Spanish and English at its facility.