ERIE RESISTOR

1
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

2
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?