Five Star Transportation v NLRB

Five Star Transportation v NLRB - • The Union filed...

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Five Star Transportation v. NLRB 522 F.3d 46 (1 st Cir. 2008) RELEVENT FACTS Belohertown School District maintains a three year contract with private bus companies to provide transportation for its students When the contracts are renewed the school takes bids from private companies in the area and the lowest bidder gets the job In 2003 the district switched from First Student Inc. (unionized) to Five Star (not unionized) due to Five Star putting in a bid that would save the school district $300,000 Unionized Frist Student drivers wrote to the district concerning their doubts that Five Star would be able to maintain proper wage and benefits levels and working conditions 17 former First Student drivers applied for employment and only six were hired, the sole reason the other 11 weren’t was because they had written critical letters about Five Star
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Unformatted text preview: • The Union filed charges against Five Star alleging that by failing to hire unionized bus drivers, the company had discriminated against them because of their protected and concerted activity LOWER COURT ACTION • The NLRB divided the 11 drivers into 3 categories: 1. Those who had written letters and failed to raise common employment concerns 2. Those whose letters primarily raised employment concerns 3. Those whose letters primarily disparaged Five Star • The NLRB concluded that only the six drivers who fell into the second grouped should have be hired • Drivers were to be immediately reinstated and granted back pay with interest, while the remaining drivers were still denied unemployment HOLDING • The appeals court denied Five Star’s petition for review and up help the NLRB’s judgment SIGNIFICANCE OF CASE •...
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