Alstate Maintenance, LLC

367 N.L.R.B. No. 68 (2019)

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Alstate Maintenance, LLC

National Labor Relations Board
367 N.L.R.B. No. 68 (2019)

Facts

Trevor Greenidge (plaintiff) was a skycap—or airport porter—at a New York airport. The majority of the skycaps’ incomes came from passenger tips. In 2013, Greenidge’s supervisor asked Greenidge and three other skycaps to help a soccer team with their luggage. Greenidge commented that the skycaps had done a similar job the previous year and did not receive a tip, and Greenidge and the other skycaps initially refused to assist the soccer team. However, Greenidge and the other skycaps ultimately assisted the team with their luggage. The skycaps were disciplined for their initial refusal to assist the team, and Greenidge was subsequently discharged for his comment. Greenidge filed a complaint with the National Labor Relations Board (NLRB), claiming that his comment was protected concerted activity within the meaning of § 7 of the National Labor Relations Act (NLRA) and therefore that his discharge was unlawful pursuant to § 8 of the NLRA. The administrative-law judge (ALJ) held that Greenidge’s comment was merely griping and was not concerted or made for the mutual aid or protection of Greenidge and his coworkers and therefore that Greenidge’s comment was not protected concerted activity within the meaning of the NLRA. Greenidge appealed.

Rule of Law

Issue

Holding and Reasoning (Ring, Chmn.)

Dissent (McFerran, Comm’r.)

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