[Download] "Labor and Employment Law - Uncertainty over Burden of Proof for Mixed Motive Employee Discharge." by Suffolk University Law Review * Book PDF Kindle ePub Free

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eBook details

• Title: Labor and Employment Law - Uncertainty over Burden of Proof for Mixed Motive Employee Discharge.
• Author : Suffolk University Law Review
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 273 KB

Description

Labor and Employment Law--Uncertainty Over Burden of Proof for Mixed Motive Employee Discharge--Hospital Cristo Redentor, Inc. v. NLRB, 488 F.3d 513 (1st Cir. 2007) In 1977, the United States Supreme Court espoused a framework to determine whether impermissibly discharging an employee due to his or her union activities constitutes an unfair labor practice. (1) This framework requires that the employee first prove that his or her labor union activities were a substantial, motivating factor in the discharge; then the burden of proof shifts to the employer to show that the employee's union participation was immaterial to the discharge. (2) In Hospital Cristo Redentor, Inc. v. NLRB, (3) the Court of Appeals for the First Circuit analyzed whether the Hospital Cristo Redentor (Hospital) impermissibly fired its employee for his union involvement. (4) Once the General Counsel of the National Labor Relations Board (NLRB or Board) showed the employee's union activity was a motivating factor in his discharge, the Hospital bore the burden of proof to demonstrate that they would have fired the employee regardless of his participation in the labor union. (5) The court determined that the Hospital violated the National Labor Relations Act (NLRA) by firing an employee in retaliation for his union activities. (6)

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