171450P.pdf   07/24/2018  Tschiggfrie Properties, Ltd.  v.  NLRB
   U.S. Court of Appeals Case No:  17-1450
                          and No:  17-2198
   National Labor Relations Board   
   [PUBLISHED] [Benton, Author, with Kelly and Stras, Circuit Judges] 
   Petition for Review - National Labor Relations Board. The Board addressed 
   petitioner's argument regarding nexus between activity and termination, 
   and the issue was preserved for the court's review; with respect to the 
   merits of the argument, the General Counsel meets its initial burden under 
   Wright Line only if it proves the employee's protected conduct was a 
   substantial or motivating factor in the adverse action; here, the Board 
   did not hold the General Counsel to its burden of proving that 
   discriminatory animus toward the employee's protected conduct was a 
   substantial or motivating factor in the decision to discharge him; the 
   court remands the matter to the Board to apply the Wright Line analysis 
   consistent with this opinion; the Board erred in determining the 
   employer's post-termination interviews of the discharged employee's 
   co-worker were an unfair labor practice as the questioning could not be 
   said to reasonably tend to unlawfully coerce the interviewee.