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Airtex

11 Cited authorities

  1. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    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."

  2. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. Labor Board v. Parts Co.

    375 U.S. 405 (1964)   Cited 213 times   1 Legal Analyses
    Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

  4. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  5. N.L.R.B. v. Jamaica Towing, Inc.

    632 F.2d 208 (2d Cir. 1980)   Cited 50 times
    Holding that "hallmark" violations of NLRA "include such employer misbehavior as the closing of a plant or threats of plant closure or loss of employment, the grant of benefits to employees, or the reassignment, demotion or discharge of union adherents" and lesser violations "include such employer misconduct as interrogating employees regarding their union sympathies, holding out a `carrot' of promised benefits, expressing anti-union resolve, threatening that unionization will result in decreased benefits, or suggesting that physical force might be used to exclude the union"

  6. Irving Air Chute Company v. N.L.R.B

    350 F.2d 176 (2d Cir. 1965)   Cited 49 times
    In Irving Air Chute Co. v. N.L.R.B., 2 Cir., 350 F.2d 176, 182, the Court in allowing enforcement of the Board's order cited many cases for the proposition, "`It is for the Board not the courts to determine how the effect of prior unfair labor practices may be expunged'."

  7. Elec. Products Div. of Midland-Ross v. N.L.R.B

    617 F.2d 977 (3d Cir. 1980)   Cited 27 times
    In Electrical Products Division of Midland-Ross Corp. v. NLRB, 617 F.2d 977, 987 (3d Cir.), cert. denied, 449 U.S. 871, 101 S.Ct. 210, 66 L.Ed.2d 91 (1980), we referred to three elements as usually found in these cases where we enforced a Gissel II order: effect of the unfair labor practices on a significant portion of the bargaining unit, the participation of senior company officials, and the continuing impact of the same factors that undermined the first election.

  8. Chromalloy Min. and Minerals, v. N.L.R.B

    620 F.2d 1120 (5th Cir. 1980)   Cited 19 times
    Enforcing Gissel Order where employer refused to recall a union-supporting employee for his usual seasonal employment, threatened to close the plant, and promised a benefit to one employee if he opposed the union

  9. N.L.R.B. v. Western Drug

    600 F.2d 1324 (9th Cir. 1979)   Cited 14 times
    Reversing bargaining order because Board failed to consider effect of employee turnover on fairness of a subsequent election

  10. Nat'l Labor Relations Bd. v. Fry Foods, Inc.

    609 F.2d 267 (6th Cir. 1979)   Cited 9 times

    No. 79-1210. Argued October 3, 1979. Decided November 13, 1979. Elliott Moore, Deputy Associate Gen. Counsel, John Elligers, Supervisor, Joseph Oertel, National Labor Relations Board, Washington, D.C., Bernard Levine, Director, Region 8, N.L.R.B., Cleveland, Ohio, for petitioner. Robert Affeldt, Sylvania, Ohio, Michael B. Lange, Tiffan, Ohio, for respondent. Before EDWARDS, Chief Judge, CELEBREZZE, Circuit Judge, and CECIL, Senior Circuit Judge. PER CURIAM. The National Labor Relations Board seeks