Legal Analysis of Lawsuits Against Unions under Section 8(a)(1) of NLRA, Slides of Labour Law

Download Legal Analysis of Lawsuits Against Unions under Section 8(a)(1) of NLRA and more Slides Labour Law in PDF only on Docsity! BE & K • A lawsuit against a union does not violate Section 8(a)(1) merely because the employer loses the suit even if the suit is filed for retaliatory motives – Importance of right to petition – Board must show that suit “objectively baseless” – Lack of success does not equal “baselessness” – Unsuccessful suits includes suits that are baseless and suits that aren’t baseless; the “unsuccessful” criterion used by the board may penalize some suits that are not baseless • Court essentially applying Bill Johnson’s standard for ongoing suits a violation of NLRA – Baseless – Retaliatory – See concurring opinion by Breyer Docsity.com