NLRB: Initial Burden of Union Animus Met
Wednesday, February 24, 2021 It is an unfair labor practice for an employer to retaliate against (1) union supporters pursuant to Section 8(a)(3) of the National Labor Relations Act (the “Act”), and (2) employees for filing a complaint with the National Labor Relations Board, testifying in a Board proceeding, or otherwise utilizing the Board’s processes, under Section 8(a)(4). Both require an analysis of the employer’s motivation. But, does an employer violate both sections of the Act under the same factual pattern? According to the Board, not necessarily. On February ...
Source: natlawreview.com