Holding that when a finding of impermissible motivation in hiring has been made, an employer may defend the hiring by showing that, even absent the illegal motivation, it would not have hired the predecessor's employees.
In N.L.R.B. v. A. Duie Pyle, Inc., 730 F.2d 119 (3d Cir. 1984), this Court reaffirmed the well-established principle that an error urged by respondent may not be considered by this Court if respondent failed to raise the issue before the Board.