Were the drivers entitled to reinstatement? Explain.
Midwestern Personnel Services provided truck drivers to employers in Indiana, Kentucky, and other locations. Midwestern wanted the drivers to join a union so they would be allowed to enter a unionized workplace, AK Steel, where they were to deliver cement. Midwestern management favored Teamsters Local 836 in Middletown, Ohio, for their drivers, but a majority of the drivers voted to join Teamsters Local 215 in Evansville, Indiana. Midwestern refused to recognize Local 215; management and the drivers could not reach agreement about pension rights and contract length; and the drivers went on strike. The drivers later made an unconditional offer to return to work, but Midwestern would not allow them to return because, in its view, the drivers were economic strikers. The NLRB concluded that the drivers were motivated in part by unfair labor practices, and thus should be reinstated to their jobs. Were the drivers entitled to reinstatement? Explain. See NLRB v. Midwestern Personnel Services , 322 F.3d 969 (7th Cir. 2003).
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