Alstate Maintenance LLC

8 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."
Romano v. Merrill Lynch, Pierce, Fenner Smith
487 U.S. 1205 (1988) Cited 106 times 6 Legal Analyses
Upholding conclusion that employees classified as department managers did not meet executive exemption
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
Prill v. N.L.R.B
835 F.2d 1481 (D.C. Cir. 1987) Cited 27 times 8 Legal Analyses
Recognizing that an employee takes concerted action “when he acts with the actual participation or on the authority of his co-workers”
Pelton Casteel, Inc. v. N.L.R.B
627 F.2d 23 (7th Cir. 1980) Cited 19 times
No. 79-2360. Argued May 7, 1980. Decided July 18, 1980. Mary Pat Koesterer, Quarles Brady, Milwaukee, Wis., for petitioner. Robert Tendrich, N.L.R.B., Washington, D.C., for respondent. Appeal from the National Labor Relations Board. Before SWYGERT and CUMMINGS, Circuit Judges, and NICHOLS, Associate Judge. The Honorable Philip Nichols, Jr., Associate Judge of the United States Court of Claims, is sitting by designation. SWYGERT, Circuit Judge. The National Labor Relations Board found that Pelton
Brown Root, Inc. v. N.L.R.B
634 F.2d 816 (5th Cir. 1981) Cited 11 times
No. 79-3491. January 19, 1981. Powell, Brown Maverick, William L. Bedman, William A. Brown, Harry M. Thomson, Jr., Houston, Tex., for petitioner, cross-respondent. Elliott Moore, Deputy Associate Gen. Counsel, Diana Orantes Ceresi, Washington, D.C., for respondent, cross-petitioner. Petition to Review and Cross Application for Enforcement of an Order of the National Labor Relations Board. Before WISDOM, RUBIN and SAM D. JOHNSON, Circuit Judges. PER CURIAM: The National Labor Relations Board found
N.L.R.B. v. Adams Delivery Serv., Inc.
623 F.2d 96 (9th Cir. 1980) Cited 7 times
No. 79-7050. July 10, 1980. Howard E. Perlstein, Washington, D.C., for petitioner. Alan S. Levins, Littler, Mendelson, Fastiff Tichy, San Francisco, Cal., argued, Paula Gold, San Francisco, Cal., on brief, for respondent. On Application for Enforcement of an Order of the National Labor Relations Board. Before ANDERSON, SCHROEDER and FARRIS, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: The N.L.R.B. petitions for enforcement of its order requiring respondent Adams Delivery Service, Inc., to reinstate
Walls Manufacturing Company v. N.L.R.B
321 F.2d 753 (D.C. Cir. 1963) Cited 23 times
Holding that complaint to state health department was protected conduct given lack of evidence that "the allegations were made with intent to falsify or maliciously injure the [employer]"

Alstate Maintenance LLC

8 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."

Upholding conclusion that employees classified as department managers did not meet executive exemption

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

Recognizing that an employee takes concerted action “when he acts with the actual participation or on the authority of his co-workers”

Holding that complaint to state health department was protected conduct given lack of evidence that "the allegations were made with intent to falsify or maliciously injure the [employer]"