Opportunity Homes, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner
Court of Appeals for the Sixth Circuit
1DissentKrupansky, Circuit Judge
I enter my dissent to Administrative Law Judge (ALJ) Richard H. Beddow, Jr.’s disingenuous review of the evidence developed during the course of the trial of this cause and his result-oriented opinion as affirmed by the National Labor Relations Board (NLRB).
*1522To prove unlawful discharge in retaliation for activities protected by the federal labor statutes, the NLRB HAS THE INITIAL BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE that an employee’s protected conduct constituted a “substantial or motivating factor in the discharge” of an employee. Thereafter, the burden shifts to the employer…
2Cases cited15 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Wainwright v. WittSupreme Court of the United States · 1985
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