A federal appeals court just ruled on a case involving Garten Trucking and its workers' attempt to form a union. Garten operates in Virginia, West Virginia, the Carolinas, and Maryland.
The background: Back in August 2021, employees voted against unionizing by 65-30. Some workers said the company tampered with the election. After the vote, union supporters accused Garten of breaking labor law.
- In September 2022, the company posted a message on its internal board about the union push.
- Garten said in the message that the claims in a pro-union handout were "pure horseshit," and called organizers "idiots."
- The company also blamed union supporters for workers not getting a raise.
Court decisions: In 2023 and 2024, the National Labor Relations Board ordered Garten to bargain with the union and stop blaming union activity for lack of raises. Garten tried to appeal but lost.
The latest ruling: The 4th Circuit U.S. Court of Appeals decided Garden's harsh comments were rough, but legal—except for one part. The court said the owner crossed the line with the claim that organizers were "stealing" money out of employees’ paychecks and that’s why they didn't get raises, according to NLRB Research.
The rest of Garten's anti-union speech was allowed under the law, but statements that link unionizing directly to loss of raises are not.