Labor Law Review Session copy

Labor Law Review Session copy - Labor Law Review Session 1...

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Labor Law Review Session 1. To establish an 8 (a) (3)-(transportation management-victim: the individuals who are fired)-intent based-intentionally employer discriminated. Prima Facie case needs 3 things to establish it. Prima Facie means what you need to demonstrate--show preponderance of evidence- more likely then not. Union activity that-organizing, talking about striking The Er knew of-knowledge by employer, they knew about union Intended to discriminate-**-some sort intent to discriminate—(look at all the facts—looking for timing (i.e. did Er happen to walk by and hear and then 10 min later Ee get fired, look at history of union-animus)…facts are subtle though, look at what’s there Er then has change to establish that it would take the same act regardless of union activity ----------------------------------------------------------------------------------------------------------- - Er decides to close shop completely no 8 (a) (3) violation—no partial aspect no 8 a 3 violation, total closing no violation.—put a sentence if total closing then not violation b/c Darlington says so—cant hurt to include 2. Partial closing-Darlington (victim: people whose union rights are going to be chilled) -issue- Is 8 (a) (3) violated by closing and intended to chill unionism in other branch?-3 part test Was it a partial closing?—what ct says: Partial closing occurs when Er derives some benefit from closing—Is there continuing benefit(hopefully management relations) if not look for economic benefits Intent to chill unionism? ---- (doc. If close plant x, scare plant y—very obvious, but not going to be like that- more likely subtle: timing, employer history animus there) Reasonably, foreseeable that unionism would be chilled? --- is it reasonably likely that whatever intent to chill unionism would be effective —does this make sense that it would be effective. Er has econ. Defense and possibly a transportation management defense (would have
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This note was uploaded on 05/09/2008 for the course ILRCB 2010 taught by Professor Lieberwitzr during the Fall '07 term at Cornell.

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Labor Law Review Session copy - Labor Law Review Session 1...

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