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What is Con Edison v. Donovan: Employee Reinstatement about?

Consolidated Edison Company petitioned to set aside an order by the Secretary of Labor directing the reinstatement of employee Michael Cotter, who was discharged. The Secretary determined Cotter was fired for complaining about nuclear safety hazards, in violation of the Energy Reorganization Act. This was a "dual motive" discharge, as Con Edison claimed Cotter threatened his supervisor. The court adopted the NLRB test from Wright Line, placing the burden on the employer to prove by a preponderance of eviden

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Scribd Government Docs
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