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🗞️ NLRB Rules REI Unlawfully Fired Union Leader

NLRB Administrative Law Judge finds REI violated federal labor law by terminating 11-year employee and union organizer over timecard discrepancies involving 2-3 minute variations—conduct the judge found was widespread among workers but selectively enforced

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onthelaborfront

— 3 min read
🗞️ NLRB Rules REI Unlawfully Fired Union Leader

On January 14, 2026, Administrative Law Judge Eleanor Laws issued a decision finding that Recreational Equipment, Inc. (REI) unlawfully terminated Lindlee Hamlin, a prominent union organizing committee member at its Eugene, Oregon store, in violation of the National Labor Relations Act.

The case arose during a 2023 unionization campaign at REI's Eugene location, where employees sought representation with United Food and Commercial Workers, Local 555. Hamlin, an 11-year bike shop employee who publicly announced the union drive on April 10, 2023, was terminated on May 11, 2023—less than three weeks before the scheduled election.

REI stated Hamlin had falsified timecards by clocking in more than seven minutes early without management approval on three occasions. However, the judge found this justification pretextual, noting that:

  • Timing raised concerns: The termination occurred during the critical pre-election period under a new store manager
  • Discrepancies were minor: Time differences between Hamlin's recorded start times and CCTV footage ranged from 2-3 minutes, with no evidence the systems were synchronized
  • Practice was widespread: Discrepancy logs showed dozens of employees with similar or worse irregular punches, none disciplined
  • Policy wasn't enforced: Under the previous manager, early clock-ins without explicit approval were routine and tolerated
  • Standards changed retroactively: The new manager applied stricter enforcement without notice to employees, then investigated past conduct

The judge applied the Wright Line test (251 NLRB 1083), finding the General Counsel established that Hamlin's union activity was a motivating factor in her discharge. REI failed to demonstrate it would have terminated her absent her protected activity, particularly given that REI's own attendance policy specified four infractions within four weeks before discipline—Hamlin had three.

The judge also found REI violated Section 8(a)(1) by:

  • Coercively interrogating an employee about what he hoped to gain from unionizing
  • Instructing an employee not to discuss terminated union supporters' voting rights

While the union received fewer votes in the May 30, 2023 election (26-20 against), the judge ordered the results set aside due to the unfair labor practices. However, the judge declined to issue a Gissel bargaining order, citing significant employee turnover (29-52% annually), the passage of over 2.5 years since the election, and changes in employee sentiment under new management. Instead, the judge ordered a new election with enhanced remedies.

Ordered Remedies:

  • Reinstate Hamlin with full back pay and benefits
  • Remove all references to the discharge from personnel files
  • Post notice of violations for 60 days
  • Store manager must read the notice aloud to employees in presence of NLRB agent
  • Conduct a new union election when appropriate

The decision illustrates how employers cannot use pretextual justifications—even facially legitimate ones like timekeeping violations—to target union organizers when the same conduct is tolerated company-wide. The case is part of a broader pattern of NLRB proceedings involving REI, with multiple labor law complaints filed across various unionized stores nationwide.

Key Points

  • 11-year employee terminated three weeks before union election for clocking in 2-3 minutes before shift start—conduct REI had not previously disciplined
  • Pretextual discharge finding: Judge found REI's falsification claims unsupported—discrepancy logs showed numerous employees with similar irregular punches, none disciplined
  • Wright Line violation: Timing, disparate treatment, and retroactive policy enforcement demonstrated anti-union animus was a motivating factor
  • Additional violations: Coercive interrogation about union objectives and restricting discussion of terminated workers' voting rights
  • Election invalidated: May 2023 vote set aside; new election ordered rather than bargaining order due to turnover and elapsed time
  • Remedies ordered: Reinstatement with back pay, notice posting, and mandatory reading by store manager in presence of NLRB agent

Primary Source Author: Eleanor Laws, Administrative Law Judge

Primary Source: JD(SF)–02–26, Recreational Equipment, Inc., Cases 19-CA-316615, 19-CA-318002, 19-CA-318067, 19-CA-318571, 19-RC-315803 (NLRB Div. of Judges Jan. 14, 2026)

Primary Source Link: NLRB Case 19-CA-316615

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