NLRB: An Inference of Union Animus Must Be Grounded in Sufficient Supporting Evidence under Wright Line
By EsqSocial Corporation 16/12/20
When an employee is disciplined and then claims the employer acted on account of union animus in violation of Section 8(a)(3) of the Act, evidence to support such a claim either can be proffered through direct evidence, such as “smoking gun”-type statements made by a supervisor or top-management that the discipline was implemented due to union activity (extremely rare), or – as is far more common – where an inference may be drawn based on all the circumstances. As the Board has previously...
By: Proskauer - Labor Relations