United States Third Circuit

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MCPc, Inc. v. NLRB, 14-1379

In a labor and employment action, the National Labor Relations Board decision that MCPc, Inc. violated section 8(a)(1) National Labor Relations Act, 29 U.S.C. section 158(a)(1), in discharging Jason Galanter for concerted activity is affirmed in part, vacated in part, and remanded. The court held that the "mixed motive" or "dual motive" discharge test of Wright Line, 251 N.L.R.B. 1083 (1980), is the appropriate test for determining whether an employee is discharged for engaging in protected concerted activity.

Appellate Information

  • Decided
  • Published 2016/02/11

Judges

  • KRAUSE

Court

  • United States Third Circuit

Counsel