In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close shop, especially those operating in multiple locations.
In March 2020, the NLRB adopted an administrative law judge’s holding that RAV Truck & Trailer Repairs, Inc. (“RAV Truck”) had violated Sections 8(a)(1) and (3) of the National Labor Relations Act (the “Act”) by laying off and discharging two employees who had signed union authorization cards, and by closing down its facility in May 2018 with a purpose of chilling union activity of its employees and of employees at its other facility, Concrete Express of NY, LLC (“Concrete Express”).2 Concrete Express shared space with RAV Truck and was a joint employer. The NLRB relied upon unfair labor practices found against Concrete Express in a corresponding case as evidence of RAV Truck’s purported anti-union motive. The NLRB ordered RAV to reopen and restore its business operations as they existed in 2018, to reinstate the two employees, and to bargain with the union.
On appeal, the D.C. Circuit agreed with the NLRB that RAV Truck committed unfair labor practices by discharging and laying off the employees who had signed union authorization cards, but sent the case back to the NLRB for further consideration of how closing the facility violated the Act, particularly with regard to the “chilling effect”...
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