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Aerotek, Inc. v. Nat'l Labor Relations Bd.

8th CircuitFebruary 21, 2018No. 16-4520; 17-1206Cited 1 time
Mixed ResultAerotek, Inc.

Case Details

Judge(s)
Gruender, Melloy, Shepherd
Status
Published
Procedural Posture
appeal
Circuit
8th Circuit

Related Laws

No specific laws identified for this ruling.

Claim Types

DiscriminationRetaliation

Outcome

The Eighth Circuit affirmed the NLRB's finding that Aerotek violated the NLRA by refusing to hire union organizers (salts), but remanded the case to reconsider the remedy, specifically questioning the appropriateness of full backpay for one plaintiff and mandatory notice on all job postings.

What This Ruling Means

# Aerotek, Inc. v. National Labor Relations Board ## What Happened Aerotek, a staffing company, refused to hire job applicants who were union organizers, commonly called "salts." These individuals applied for work at Aerotek with the intention of organizing workers once hired. Aerotek rejected their applications specifically because of their union activities. ## What the Court Decided The Eighth Circuit Court of Appeals agreed that Aerotek violated federal labor law by discriminating against these job applicants. However, the court sent the case back to the labor board to reconsider what punishment Aerotek should face. Specifically, the court questioned whether one worker deserved full back pay (wages they would have earned if hired) and whether Aerotek should be forced to post union-related notices on all job listings. ## Why This Matters for Workers This ruling reinforces that employers cannot legally reject job applicants based on union involvement or sympathies. Workers have the right to organize without facing hiring discrimination. The case confirms strong protections exist, though disputes may continue about appropriate penalties when violations occur.

This summary was generated to explain the ruling in plain English and is not legal advice.

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