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NLRB Decision Could Make Unfair Labor Practices Charges Easier to Bring


Employers should inform managers and supervisors about a recent National Labor Relations Board (NLRB) decision that could make companies more vulnerable to unfair labor practices charges.

The board's Intertape Polymer Corp. decision "is significant because it can be interpreted to lessen the general counsel's initial burden under the Wright Line test," said Erik Laiho, an attorney with Fisher Phillips in Portland, Ore., and Seattle. The general counsel is independent from the NLRB and is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases.


The NLRB stated several times in Intertape Polymer Corp. that circumstantial evidence can support an inference of animus and a causal connection, said Andrew Herman, an attorney with Blank Rome in Philadelphia.