Fortin’s employer sells automotive replacement parts at wholesale from warehouses and distribution centers in the Eastern United States. Mrs Fortin began work at the company's Miami warehouse in 1986. From that time until her layoff in October in 1994 she held a number of customer service position. Because of her excellent reputation for providing service to customers, she was assigned to staff the Metro-Dade account, a separate account established to provide exclusive service to approximately 24 governmental customers in the metropolitan Dade County area. On June 1, 1994, Fortin appeared under subpoena to testify on the union's behalf at a representation hearing concerning the organizational efforts being undertaken at her workplace. She was quoted in the Miami Herald as saying the workers: "want to better ourselves". When she returned later to work that day, she received her first disciplinary warning ever. During June 1994, the employer issued four additional disciplinary warnings to Fortin. The employer also removed an exclusive telephone number with its voice mail capabilities used by the customers of the Metro-Dade county account to reach Fortin directly and ceased the special van deliveries to those customers. Fortin was held accountable for the ensuing decreased sales in that account. Notwithstanding this discipline, Fortin remained one of the union's most prominent vocal supporters. In early august 1994, her supervisor gave Fortin a negative performance evaluation in which she received an overall rating of two indicating "improvement needed". In October 27th, Fortin was laid off. Her new supervisor relied on the negative performance evaluation in deciding to lay her off.
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