NLRB Sets Factors to Assess Employer Motive for Lawsuits Alleged to Interfere with Protected Rights | Practical Law

NLRB Sets Factors to Assess Employer Motive for Lawsuits Alleged to Interfere with Protected Rights | Practical Law

The National Labor Relations Board (NLRB) set its evidentiary standards for evaluating whether an employer brought a lawsuit with an unlawful retaliatory motive. On October 25, 2011, in Allied Mechanical Services, Inc., the NLRB decided that an employer's unsuccessful lawsuit against a union violated the National Labor Relations Act (NLRA) because it was baseless and retaliatory. The Board held that a baseless action alone is not sufficient to prove retaliation; it can however suggest a retaliatory motive.

NLRB Sets Factors to Assess Employer Motive for Lawsuits Alleged to Interfere with Protected Rights

by PLC Labor & Employment
Published on 31 Oct 2011 • USA (National/Federal)
The National Labor Relations Board (NLRB) set its evidentiary standards for evaluating whether an employer brought a lawsuit with an unlawful retaliatory motive. On October 25, 2011, in Allied Mechanical Services, Inc., the NLRB decided that an employer's unsuccessful lawsuit against a union violated the National Labor Relations Act (NLRA) because it was baseless and retaliatory. The Board held that a baseless action alone is not sufficient to prove retaliation; it can however suggest a retaliatory motive.