ADB Utility Contractors

39 Cited authorities

Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 657 times 11 Legal Analyses
Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."
Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,036 times 71 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Sure-Tan, Inc. v. Nat'l Labor Relations Bd.
467 U.S. 883 (1984) Cited 421 times 3 Legal Analyses
Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge
National Labor Rel. B. v. Kentucky R. Comm. C
532 U.S. 706 (2001) Cited 181 times 29 Legal Analyses
Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit
Nat'l Labor Relations Bd. v. Yeshiva University
444 U.S. 672 (1980) Cited 183 times 16 Legal Analyses
Holding that all faculty members are managers for purposes of federal labor law even though they lack any legal instruments of control
Hickerson v. City of New York
525 U.S. 1067 (1999) Cited 89 times 1 Legal Analyses
Holding that jurisdiction to grant a divorce may exist without jurisdiction to adjudicate the parties' property rights
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 358 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
N.L.R.B. v. McCullough Environmental Serv
5 F.3d 923 (5th Cir. 1993) Cited 98 times
Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat
N.L.R.B. v. General Fabrications Corp.
222 F.3d 218 (6th Cir. 2000) Cited 25 times 1 Legal Analyses
Finding the NLRB is entitled to summary enforcement of unchallenged portions of orders
Lee Lumber & Building Material Corp. v. Nat'l Labor Relations Bd.
117 F.3d 1454 (D.C. Cir. 1997) Cited 27 times 3 Legal Analyses
Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,083 times 24 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB
Section 404.985 - Application of circuit court law
20 C.F.R. § 404.985 Cited 56 times
Stating that the SSA will issue an Acquiescence Ruling when it "determine that a United States Court of Appeals holding conflicts with [the SSA's] interpretation of a provision of the Social Security Act or regulations"

ADB Utility Contractors

39 Cited authorities

Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge

Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

Holding that all faculty members are managers for purposes of federal labor law even though they lack any legal instruments of control

Holding that jurisdiction to grant a divorce may exist without jurisdiction to adjudicate the parties' property rights

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat

Finding the NLRB is entitled to summary enforcement of unchallenged portions of orders

Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Stating that the SSA will issue an Acquiescence Ruling when it "determine that a United States Court of Appeals holding conflicts with [the SSA's] interpretation of a provision of the Social Security Act or regulations"