discrimination (NLRA § 8(a)(3))
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 365 U.S. 667 - Local 357, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers v. National Labor Relations Board · 1961Most cited · 743 citing opinions
It is the 'true purpose' or 'real motive' in hiring or firing that constitutes the test. The Act does not outlaw all encouragement or discouragement of membership in labor organizations; only such as is accomplished by discrimination is prohibited. Nor does the Act outlaw discrimination in employment as such; only such discrimination as encourages or discourages membership in a labor organization is proscribed.