Legal Opinion
National Labor Relations Board v. Fibers International Corporation
Court of Appeals for the First Circuit
Decided March 12, 1971No. 7645PublishedCited by 35 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
Examination of the NLRB’s yearly reports shows that much more often than not we have enforced the orders of the Board. There is one area, however, where we have never seen eye to eye: the test for determining wheth*1312er a discharge for established misconduct was in fact an unfair labor practice. Having in mind that a business decision is involvéd, it has been our position that the Board has the burden of making a clear showing that the employer’s dominant motive was not a proper business one, but union animus. In spite of constant reiteration,1 neither our eases, nor even…
2Cases cited7 opinions
- National Labor Relations Board v. Birmingham Publishing CompanyCourt of Appeals for the Fifth Circuit · 1959
- National Labor Relations Board v. Billen Shoe Co., Inc.Court of Appeals for the First Circuit · 1968
- National Labor Relations Board v. Gotham Industries, Inc., and Crawford Plastics Corp.Court of Appeals for the First Circuit · 1969
- National Labor Relations Board v. Lowell Sun Publishing CompanyCourt of Appeals for the First Circuit · 1963
- Corriveau & Routhier Cement Block, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- National Labor Relations Board v. Wright Line, a Division of Wright Line, Inc.Court of Appeals for the First Circuit · 1981
- Dr. Joy HOCHSTADT, Plaintiff-Appellant, v. WORCESTER FOUNDATION FOR EXPERIMENTAL BIOLOGY Et Al., Defendants-AppelleesCourt of Appeals for the First Circuit · 1976
- James Mead and Roger Mead, Dba Mead's Market v. Retail Clerks International Association, Local Union No. 839, Afl-Cio, James Mead and Roger Mead, Dba Mead's Market v. Retail Clerks International Association, Local Union No. 839, Afl-CioCourt of Appeals for the Ninth Circuit · 1975
- Liberty Mutual Insurance Company v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1979
- Western Exterminator Company v. National Labor Relations Board, National Labor Relations Board v. Industrial Carpenters Union, Local No. 2565Court of Appeals for the Ninth Circuit · 1977
30 more not listed; retrieve them via the Exa API.