Seattle Seahawks v. NFLPA & Sam McCullum
National Labor Relations Board
292 N.L.R.B. 110 (1989)
Relevant factsFree
Seahawks (plaintiff) wide receiver and union representative Sam McCullum (defendant) was released at the end of training camp after coach Patera reacted with hostility to McCullum's pro-union "solidarity handshake" and press-conference remarks about players being released to play before recovering from injury; an ALJ found Patera's anti-union animus was at least partly behind McCullum's release, and the Seahawks appealed.
IssueFree
Whether an employer commits an unfair labor practice when its "motivating factor" in firing an employee is the employee's union activities, but may defend itself if it is shown that the employee would have been fired even if he had not engaged in union activities.
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