http://www.oyez.org/issues/unions/misc-dispute/ U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org) en-us http://www.oyez.org/images/oyezfeed.jpg U.S. Supreme Court Audio Recordings, presented by The Oyez Project (www.oyez.org) Tue, 16 Apr 2002 12:00:00 -0500 <p>In filing suit against a group of unions, BE&K Construction Company alleged that the unions had engaged in lobbying, litigation, and other concerted activities in order to delay a project it had been hired for because it employed nonunion workers. After BE&K lost on or withdrew each of its claims, the National Labor Relations Board issued an administrative complaint, alleging that BE&K, by filing and maintaining its lawsuit, had violated the National Labor Relations Act (NLRA), which prohibits employers from restraining, coercing, or interfering with employees' exercise of rights related to self-organization, collective bargaining, and other concerted activities. Finding that the lawsuit was filed to retaliate against the unions, whose conduct was protected under the NLRA, the Board ordered BE&K to cease and desist from prosecuting such suits. In granting the Board's enforcement petition, the Court of Appeals held that because the Judiciary had already found BE&K's claims against the unions unmeritorious or dismissed, evidence of a simple retaliatory motive sufficed to adjudge BE&K of committing an unfair labor practice.</p> <p>In filing suit against a group of unions, BE&K Construction Company alleged that the unions had engaged in lobbying, litigation, and other concerted activities in order to delay a project it had been hired for because it employed nonunion workers. After BE&K lost on or withdrew each of its claims, the National Labor Relations Board issued an administrative complaint, alleging that BE&K, by filing and maintaining its lawsuit, had violated the National Labor Relations Act (NLRA), which prohibits employers from restraining, coercing, or interfering with employees' exercise of rights related to self-organization, collective bargaining, and other concerted activities. Finding that the lawsuit was filed to retaliate against the unions, whose conduct was protected under the NLRA, the Board ordered BE&K to cease and desist from prosecuting such suits. In granting the Board's enforcement petition, the Court of Appeals held that because the Judiciary had already found BE&K's claims against the unions unmeritorious or dismissed, evidence of a simple retaliatory motive sufficed to adjudge BE&K of committing an unfair labor practice.</p><br/><br/><p>Did the Court of Appeals err in holding that the National Labor Relations Board may impose liability on an employer for filing a losing retaliatory lawsuit, even if the employer could show the suit was not objectively baseless?</p> 01-518_20020416-argument http://www.oyez.org/cases/2000-2009/2001/2001_01_518/argument/ supreme, court, oyez, rehnquist Wed, 03 Mar 1976 12:00:00 -0500 No details yet. No details yet.<br/><br/>No details yet. 75-250_19760303-argument http://www.oyez.org/cases/1970-1979/1975/1975_75_250/argument/ supreme, court, oyez, rehnquist Tue, 21 Apr 1981 12:00:00 -0500 No details yet. No details yet.<br/><br/>No details yet. 80-544_19810421-argument http://www.oyez.org/cases/1980-1989/1980/1980_80_544/argument/ supreme, court, oyez, rehnquist Mon, 29 Mar 1976 12:00:00 -0500 No details yet. No details yet.<br/><br/>No details yet. 74-1254_19760329-argument http://www.oyez.org/cases/1970-1979/1975/1975_74_1254/argument/ supreme, court, oyez, rehnquist