Legal Opinion
Behring International, Inc. v. National Labor Relations Board
Court of Appeals for the Third Circuit
Decided April 7, 1982No. 81-1937PublishedCited by 35 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
One of the most persistent sources of labor litigation is the controversy that arises when an employee’s discharge is based on dual motives — one being a legitimate business consideration and the other antiunion animus. In an effort to resolve the recurring controversy over its approach to this problem, the National Labor Relations Board adopted a rule which permits a finding of a violation if the employee would not have been discharged but for his union activity. Wright Line, a Division of Wright Line, Inc., 251 N.L.R.B. 1083 (1980). As part of its…
2Cases cited29 opinions
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Furnco Construction Corp. v. WatersSupreme Court of the United States · 1978
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Board of Trustees of Keene State College v. SweeneySupreme Court of the United States · 1978
24 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983
- National Labor Relations Board v. American Geri-Care, Inc.Court of Appeals for the Second Circuit · 1982
- Royal Development Co., Ltd., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Ninth Circuit · 1983
- National Labor Relations Board, and Leigh Benin, Faustino Vargas, and Laszlo Berkovits, Intervenors v. New York University Medical CenterCourt of Appeals for the Second Circuit · 1983
- Zurn Industries, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1982
30 more not listed; retrieve them via the Exa API.