An oven manufacturer lawfully fired a union activist even though the company’s justification for terminating her was a made-up excuse, the National Labor Relations Board said.
There wasn’t enough evidence to show that Electrolux Home Products Inc.’s decision to sack J’Vada Mason was motivated by anti-union hostility, the NLRB said in its 2-1 ruling Aug. 2. Electrolux’s explanation for firing Mason—insubordination—was pretextual because it masked disparate treatment, since the company was more lenient with other disobedient workers, the board said.
“When an employer has offered a pretextual reason for discharging or disciplining an alleged discriminatee, the real reason might be ...