Labor Law – LMRA – Discrimination Discharge – Effect of Legal Ground for Discharge Where Possible Dual Motivation Exists
Respondent discharged an employee under the terms of a union contract which provided that employees could be discharged for failure to carry out the employer’s orders. It was undisputed that the employee had failed to submit required reports on at least two occasions. A complaint alleging the commission of an unfair labor practice was filed. The National Labor Relations Board found that the employee had been discharged as a :reprisal for his union activities in violation of section 8 (a)(1) of the amended National Labor Relations Act. The Board ordered reinstatement under section 10 (c) of the act. In an action by the Board seeking enforcement of its order, held, enforcement denied. Where the Board could as reasonably infer a proper collateral motive as an improper one, the act of the management cannot be set aside as being improperly motivated. NLRB v. Huber and Huber Motor Express, (5th Cir. 1955) 223 F. (2d) 748.