Albertson's, Inc.

12 Cited authorities

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."
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Labor Bd. v. Washington Aluminum Co.
370 U.S. 9 (1962) Cited 206 times 3 Legal Analyses
Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections
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
Tripoli Co., Inc. v. Wella Corp.
400 U.S. 831 (1970) Cited 137 times
Declining to review under Hobbs Act district court's exercise of jurisdiction of claim against Federal Communications Commission because plaintiff-appellant had also filed timely petitions for review with court of appeals
Labor Board v. Burnup Sims
379 U.S. 21 (1964) Cited 106 times 21 Legal Analyses
Finding violation of § 8 "whatever the employer's motive"
J.P. Stevens Co., Inc. v. N.L.R.B
638 F.2d 676 (4th Cir. 1980) Cited 15 times
Recognizing significance of employer's history of § 8 violations
N.L.R.B. v. Wilson-Crissman Cadillac, Inc.
659 F.2d 728 (6th Cir. 1981) Cited 14 times
Relying upon Yeshiva University's definition of management
Westinghouse Electric Corporation v. N.L.R.B
424 F.2d 1151 (7th Cir. 1970) Cited 20 times
In Westinghouse Electric Corp. v. NLRB, 424 F.2d 1151 (7th Cir.), cert. denied, 400 U.S. 831, 91 S.Ct. 63, 27 L.Ed.2d 62 (1970), the Seventh Circuit permitted the Board to use a 50% formula to determine whether certain workers could vote in a union election.
Time-O-Matic, Inc. v. N.L.R.B
264 F.2d 96 (7th Cir. 1959) Cited 32 times
No. 12424. March 5, 1959. Edward B. Miller, Merrill Shepard, Willis S. Ryza, Chicago, Ill., for petitioner, Time-O-Matic, Inc. Pope Ballard, Chicago, Ill., of counsel, for petitioner. Thomas J. McDermott, Associate Gen. Counsel, Frederick U. Reel, Atty., Jerome D. Fenton, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Fred S. Landess, Atty., N.L.R.B., Washington, D.C., for respondent. Before DUFFY, Chief Judge and HASTINGS and PARKINSON, Circuit Judges. HASTINGS, Circuit Judge. Petitioner

Albertson's, Inc.

12 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."

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

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

Declining to review under Hobbs Act district court's exercise of jurisdiction of claim against Federal Communications Commission because plaintiff-appellant had also filed timely petitions for review with court of appeals

Finding violation of § 8 "whatever the employer's motive"

Recognizing significance of employer's history of § 8 violations

Relying upon Yeshiva University's definition of management

In Westinghouse Electric Corp. v. NLRB, 424 F.2d 1151 (7th Cir.), cert. denied, 400 U.S. 831, 91 S.Ct. 63, 27 L.Ed.2d 62 (1970), the Seventh Circuit permitted the Board to use a 50% formula to determine whether certain workers could vote in a union election.