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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

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ERIE RESISTOR

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  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?

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