340 U.S. 474 (1951) Cited 9,674 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
462 U.S. 393 (1983) Cited 652 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."
Permitting the Board to consider the employer's clear expression of opposition to the union as background in order to determine motivation for management's conduct
Finding that an employer's explanation that it discharged an employee because the employee falsified maintenance reports was pretextual because the employer had never discharged other employees based on this offense and the employer had instructed employees to falsify maintenance reports
29 U.S.C. § 152 Cited 3,213 times 27 Legal Analyses
Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”