388 U.S. 26 (1967) Cited 323 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
In Milk Drivers, an 8(a)(3) violation was established where it was found that by becoming a "good" union member, see Radio Officers' Union, supra, 347 U.S. at 40, 74 S.Ct. at 335, an individual had the opportunity to become a shop steward and thus obtain super-seniority.
In Lane v. N.L.R.B., 418 F.2d 1208, 1209-12 (D.C. Cir. 1969), the Supreme Court's approach to § 8(a)(1) and § 8(a)(3) of the Act was described as being in a "state of flux".