Nichols Aluminum, LLC v. NLRB - 797 F.3d 548 (8th Cir. 2015)

Rule:

Under the Wright Line framework, the court's task in resolving cases alleging violations which turn on motivation is to determine whether a causal relationship existed between employees engaging in union or other protected activities and actions on the part of their employer which detrimentally affect such employees' employment. To prove discriminatory discharge, the National Labor Relations Board's General Counsel must establish that the employee was discharged for his union activities or membership, i.e., that but for his union activities or membership, he would not have been discharged. Simple animus toward the union is not enough. While hostility to a union is a proper and highly significant factor for the Board to consider when assessing whether the employer's motive was discriminatory, general hostility toward the union does not itself supply the element of unlawful motive.

Facts:

Nichols Aluminum, LLC (Nichols) petitions for review of a National Labor Relations Board (Board) order finding Nichols violated Section 8(a)(1) and (3) of the National Labor Relations Act (Act), 29 U.S.C. § 158(a)(1), (3), by discharging union member Bruce Bandy on April 27, 2012, for participating in a strike. The Board seeks enforcement of its order.

Issue:

Did the Board correctly apply the law which would warrant the enforcement of its order?

Answer:

No

Conclusion:

The court refused to enforce the NLRB's order finding that Nichols violated 29 U.S.C.S. § 158(a)(1) and (3) where it misapplied the Wright Line standard and failed to analyze causation properly, and as a result, it did not hold the NLRB's general counsel to its burden of proving discriminatory animus toward Bandy’s protected conduct was a substantial or motivating factor in Nichols’ decision to discharge him.