A negative personnel decision routinely results in NLRB litigation. However, such is not the state of the law. Efforts to legislatively address this bad case have thus far failed. The key to dealing with this union tactic is preparation.
Fact patterns are widely divergent.
Companies will vary greatly as to their needs and personnel procedures. However, it is instructive to note some successful defenses. Employer was not hiring. Applicant had poor personal hygiene. Applicant wanted higher compensation than Company was willing to pay.