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4 Aug 2006, 4:25 pm
In determining whether the Respondent's failure to refer Taylor as a hook-on employee was unlawful, the Board applied the analytical framework set forth in Wright Line, 251 NLRB 1083 (1980), enfd. 662 F.2d 899 (1st Cir. 1981), cert denied 455 U.S. 989 (1982), and found that the Respondent met its rebuttal burden of establishing that it would not have referred Taylor to work with Mansfield as a hook-on employee even in the absence of his protected activity. [read post]