Legal Opinion
Goldtex, Incorporated v. National Labor Relations Board, National Labor Relations Board v. Goldtex, Incorporated
Court of Appeals for the Fourth Circuit
Decided January 31, 1994No. 93-1039, 93-1139PublishedCited by 35 opinions
1Opinion of the Court
OPINION
WILKINSON, Circuit Judge:
We review here the National Labor Relations Board’s findings that four employees of petitioner corporation were discharged in violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act (“Act”), 29 U.S.C. §§ 158(a)(1) & 158(a)(3). We hold that the Board’s order with respect to three of the employees cannot stand because the Board has failed to show that those layoffs were motivated by the employer’s anti-union animus. In discharge cases, failure to show that layoffs were intended to discourage union membership or activities precludes a finding that…
2Cases cited13 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983
- National Labor Relations Board v. Wright Line, a Division of Wright Line, Inc.Court of Appeals for the First Circuit · 1981
- National Labor Relations Board v. Nueva Engineering, Inc.Court of Appeals for the Fourth Circuit · 1985
- Hyatt Corporation, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 1991
8 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Thomas P. Loftis v. United Parcel Service, Inc. David Cole, Kenneth AdkinsCourt of Appeals for the Sixth Circuit · 2003
- Medeco Security Locks, Incorporated v. National Labor Relations Board, National Labor Relations Board v. Medeco Security Locks, IncorporatedCourt of Appeals for the Fourth Circuit · 1998
- Valmont Industries, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-PetitionerCourt of Appeals for the Fifth Circuit · 2001
- Village of Scotia v. New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1998
- Eastern Omni Constructors, Incorporated v. National Labor Relations Board, National Labor Relations Board v. Eastern Omni Constructors, IncorporatedCourt of Appeals for the Fourth Circuit · 1999
30 more not listed; retrieve them via the Exa API.