National Labor Relations Board v. Allied Medical Transport, Inc.

Summary

The Eleventh Circuit granted the National Labor Relations Board’s petition to enforce an order against Allied Medical Transport, Inc. The court held that substantial evidence supported the Board’s findings that Allied interfered with employees’ union activities and suspended and discharged two employees in retaliation for their union support. The court also held that enforcement was not moot despite alleged difficulties in providing reinstatement and backpay.

Holdings

1. The petition for enforcement was not moot. Difficulty complying with reinstatement and backpay provisions, changed business circumstances, or substantial compliance with portions of the order did not eliminate the controversy.
2. Substantial evidence supported the Board's finding that Allied's antiunion animus was a motivating factor in suspending and discharging Fertil and Nicolas and that Allied failed to prove it would have taken the same actions absent their protected union activity.
3. Allied forfeited its challenge to the Board's surveillance finding by raising the argument for the first time in its reply brief.

Questions Presented

1. Whether the Board's order was moot because Allied allegedly could not provide reinstatement and backpay or had substantially complied with the order.
2. Whether substantial evidence supported the Board's finding that Allied suspended and discharged Fertil and Nicolas because of their union activities in violation of sections 8(a)(3) and 8(a)(1) of the National Labor Relations Act.
3. Whether Allied's challenge to the Board's surveillance finding, raised for the first time in its reply brief, was forfeited.

Disposition

other