Transcript ERIE RESISTOR

ERIE RESISTOR
• Legitimate business purpose not an absolute
defense
• Motive under 8(a)(3) need not always be
shown, if conduct sufficiently serious,
conduct carries own intent
– foreseeable and unavoidable consequences
• 20-year superseniority offer discriminatory
– offers a TCE to ees who do not engage in
protected activity; not offered to ees who
engaged in protected activity
• Results in post-strike differential treatment
at work based on strike participation
What are the Components of an
8(a)(3) Violation?
• Action
– Discrimination
• Motive/Intent
– To Encourage or Discourage Union Membership
– Proof
• Is a finding of a legitimate business purpose always a defense
against a charge of unlawful motive; or
• is it possible for an action to be so harmful to employee
Section 7 rights that to undertake the action creates an
inference of intent?