🗞️ NLRB Judge Rules Trader Joe's Unlawfully Disciplined Union Supporter at Louisville Store

The decision, issued by ALJ Sarah Karpinen, centers on disciplinary action taken against crew member Zachary Smith in February 2023, shortly after workers at the Louisville store voted to unionize with Trader Joe's United. Smith, who is in a committed relationship with lead organizer Connor Hovey, actively supported the union campaign by wearing union buttons and participating in organizing meetings.

The union won a representation election on January 25-26, 2023, with a majority of votes cast in favor of unionization. Less than a month later, on February 20, Smith received an incident report labeled as a "final warning" that threatened termination for future violations.

The Discipline

Smith was disciplined for three alleged infractions from February 2 and 19:

• Clocking out using a laptop at the back of the store instead of the designated time clock
• Taking a 19-minute break instead of the required 10 minutes
• Putting away his jacket after clocking in rather than being "ready to work"

Judge's Findings

ALJ Karpinen found multiple problems with Trader Joe's justification for the discipline:

No Established Rule: The judge determined there was no clear policy prohibiting employees from using the time clock applications on store computers and laptops. Time clock records showed numerous employees regularly clocked in and out using the "shares laptop" at the back of the store without consequence.

Disparate Treatment: Most significantly, crew member Patterson clocked out on the same laptop just 90 seconds before Smith on February 19 but received only counseling—not discipline—and only after Smith was disciplined. Patterson had used the laptop to clock in or out over 60 times in January and February alone.

"The failure to address the fact that other employees were also clocking in and out at the shares laptop until after Smith was disciplined suggests either that there was no rule in place, or that Respondent was singling Smith out," Judge Karpinen wrote.

Departure from Normal Practice: The judge found the "final warning" designation unusual and harsher than the company's typical progressive discipline approach. Current store captain Travis Todd testified he never used that term and hadn't been trained to do so.

Additionally, disciplining Smith on February 20 for conduct from February 2—when he had already been verbally counseled for that same conduct—constituted punishing him twice for the same offense, contrary to company practice.

Suspicious Timing: The discipline came less than a month after the union election victory and amid evidence of increased supervisory scrutiny of lead organizer Hovey.

Additional Evidence

The decision references several other incidents suggesting anti-union animus, though they were not alleged as separate violations:

• Increased supervision of lead organizer Hovey after the election
• Removal of union literature from the break room in May 2023
• Discovery of emails between store management and company labor counsel discussing Smith and other pro-union employees

Company's Failed Defense

Former store captain Craig Wood, who issued the discipline, did not testify at the hearing. The judge noted this failure was "fatal to establishing a Wright Line defense"—the legal standard requiring employers to prove they would have taken the same action absent union activity.

Mate Michael Brodbeck, who had verbally counseled Smith on February 2, testified he did not recommend the formal discipline and wasn't consulted about issuing it.

Remedy Ordered

Judge Karpinen ordered Trader Joe's to:

• Rescind the February 20, 2023 incident report
• Remove all references to the discipline from Smith's file
• Notify Smith in writing that the discipline will not be used against him
• Post notices at the Louisville store informing employees of their rights

The judge declined to order changes to Smith's July 2023 performance review, which referenced the incident report, finding insufficient evidence that the unlawful discipline was the primary factor in lowering his rating.

Broader Context

This decision is part of ongoing labor disputes at Trader Joe's locations nationwide. The Louisville store was one of the first to unionize, and the company has yet to recognize the union or begin bargaining, having filed objections and requests for review with the NLRB.

The case demonstrates the NLRB's scrutiny of employer discipline during union campaigns, particularly when treatment of union supporters differs from that of other employees for similar conduct.

Case Number: 09-CA-312856
Full Decision: Available at nlrb.gov/case/09-CA-312856

Note: This decision may be appealed to the full National Labor Relations Board.