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ERIE RESISTOR. Legitimate business purpose not an absolute defense Motive under 8(a)(3) need not always be shown, if conduct sufficiently serious, conduct carries own intent foreseeable and unavoidable consequences 20-year superseniority offer discriminatory

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erie resistor
ERIE RESISTOR
  • Legitimate business purpose not an absolute defense
  • Motive under 8(a)(3) need not always be shown, if conduct sufficiently serious, conduct carries own intent
    • foreseeable and unavoidable consequences
  • 20-year superseniority offer discriminatory
    • offers a TCE to ees who do not engage in protected activity; not offered to ees who engaged in protected activity
  • Results in post-strike differential treatment at work based on strike participation
what are the components of an 8 a 3 violation
What are the Components of an 8(a)(3) Violation?
  • Action
    • Discrimination
  • Motive/Intent
    • To Encourage or Discourage Union Membership
    • Proof
      • Is a finding of a legitimate business purpose always a defense against a charge of unlawful motive; or
      • is it possible for an action to be so harmful to employee Section 7 rights that to undertake the action creates an inference of intent?