WHAT THE NLRB NEEDS TO PROVE IN A DISCHARGE CASE.
- Since nearly 75% of all NLRB charges that are Filed at the NRLB relate to unlawful discharges of employees, the NLRB must still prove that the discharge was the Motivation Factor in the adverse employment action.
- As a general rule, the NLRB can meet burden of proof in discharge or retaliation cases by relying in whole or in part on circumstantial evidence, as stated in Intertape Polymer Corp., 372 NLRB No. 133 (2023)
- The Board stated the GC has the burden under the established Wright Line test, which requires the GC to first demonstrate that protected activity was a Motivating Factor in the adverse employment action alleged to be unlawful.
- The Board explained that the GC can satisfy this burden where the record as a whole supports a reasonable inference that protected activity was a Motivating Factor in the adverse employment action. Thus, the employer's motive can be inferred from direct or circumstantial evidence.
- However, most of the time when a discharge case or (8)(a)(3) is filed at the NLRB by an employee or a union, the NLRB will find the case is a credibility issue which means the NLRB will not decide who is telling the truth between a union or employee or the Employer but will issue a complaint.
- If the NLRB is about to issue a complaint, an Employer does not have to go to trial but can enter a Board settlement to resolve the unlawful discharge case by paying a monetary settlement and posting a 60-day notice at their facility.
Fundamentals of Labor Law
Sanford Rudnick has written a book called Fundamentals of Labor Law which helps Employers practice at the NLRB. He has used this book for over 40 years.
Sanford Rudnick has gotten this book into many law schools around the country such as Harvard and USC Law School.
Also, Sanford Rudnick has gotten other books on Resolution of Conflict into the Library of Congress and many other libraries around the world.
The major problem in any election or an unfair labor practice charge, is how to resolve conflict between management and your employees. In fact, according to the NLRB there is an 16% increase in unfair labor practices charges being filed by employees or unions in 2023.
Sanford Rudnick uses these principles in these books to win elections and to resolve charge at the NLRB. Call H. Sanford
Rudnick & Associates to purchase these books at
1-800-326-3046.

IF YOU NEED ASSISTANCE IN CONDUCTING AN ELECTION MEETING, PLEASE CALL:
H. Sanford Rudnick JD: 1 800-326-3046

H. Sanford Rudnick & Associates is a full-service Labor Relations firm with 40 years of experience in negotiating union contracts, NLRB matters and all human resource matters. In fact, Mr. Rudnick has written a book called "Fundamentals of Labor Law Regarding Unions" which includes a summary on the National Labor Relations Board and Unions which is at Harvard Law School Library and other law schools around the country. Call to purchase your copy at for $29.95 800.326.3046.
We step in when your business demands your attention or when the unions or the laws or rules of the any of the following threaten the success or profitability of your business.
National Labor Relations Board (NLRB)
Equal Employment Opportunity Commission (EEOC)
Employee Motivation
Wage and Hour Surveys
Union elections
Collective bargaining
negotiations
Decertifications
The need for union avoidance
Always Here to Help!
If my firm, H. Sanford Rudnick & Associates, can be of assistance to you concerning an election,
an unfair labor practice, negotiations, your unfunded pension liability
or any other human resource matter, please contact me immediately to schedule a free telephone consultation.
Respectfully,
H. Sanford Rudnick, J.D.
Labor Consultant
800.326.3046
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H. Sanford Rudnick and Associates
300 South 4th Street, 6th Floor,
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NY, NY 10151
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Sandy Rudnick