Third Circuit Upholds Cintas Workers' Privacy Verdict Against UNITE-HERE
The Third Circuit Court of Appeals in Philadelphia last week ruled in favor of hundreds of
Cintas employees who sued UNITE-HERE for using their motor-vehicle records to obtain personal information about them as part of
an organizing drive. A lower court verdict had held that their rights had been violated under the
little-known Driver's Privacy Protection Act of 1994, which prohibits the
disclosure and use of personal information obtained through motor vehicle
records. The Court of Appeals has now upheld a minimum judgment of $5 million plus attorneys fees. According to the Phildaelphia Inquirer, however, that's not the worst news UNITE-HERE faces:
The court raised the possibility that those damages might be expanded. It said the lower court had erred by denying the plaintiffs punitive damages on top of the $5.5 million award and sent the matter back for reconsideration.
Cintas, readers of this blog will recall, is also one of three major
employers to have filed a RICO suit against a labor union for Corporate
Campaign tactics. As unions get more inventive in obtaining information about target employees, and increase their use of non-traditional "Corporate Campaign" tactics in organizing efforts, look for legal responses to continue becoming more creative as well.





