Legal Opinion · Dissent

Opportunity Homes, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner

Court of Appeals for the Sixth Circuit

Decided February 5, 1997No. 95-5605, 95-5699Published

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

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  4. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  5. Wainwright v. WittSupreme Court of the United States · 1985

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