BEHRING INTERN., INC. v. N.L.R.B.

No. 81-1937.

675 F.2d 83 (1982)

BEHRING INTERNATIONAL, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided April 7, 1982.

As Amended May 20, 1982.


Attorney(s) appearing for the Case

Robert W. Delventhal (argued), Brian J. McMahon, Crummy, Del Deo, Dolan & Purcell, Newark, N. J., for petitioner.

Bernard P. Jeweler (argued), William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C., for respondent.

Before GIBBONS, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

One of the most persistent sources of labor litigation is the controversy that arises when an employee's discharge is based on dual motives — one being a legitimate business consideration and the other antiunion animus. In an effort to resolve the recurring controversy over its approach to this problem, the National Labor Relations Board adopted a rule which permits a finding of a violation if the employee...

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