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NLRB Clarifies Legal Test for Illegal Anti-Union Retaliation

Nov. 23, 2019, 12:11 AM

An Iowa excavating company illegally fired a worker for his union activity, the federal labor board said in a ruling that clarified its test for employer actions motivated by anti-union animus.

The evidence establishes that Tschiggfrie Properties Ltd. had a discriminatory motivation for firing Darryl Galle, the National Labor Relations Board said in its Nov. 22 ruling, on remand from the U.S. Court of Appeals for the Eighth Circuit.

The NLRB’s ruling turns on the standard from its 1980 decision in Wright Line, one of the board’s most commonly applied legal frameworks. While its ruling in the Tschiggfrie case...

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