Alternative Entertainment, Inc.

12 Cited authorities

Hunter Douglas, Inc. v. N.L.R.B
804 F.2d 808 (3d Cir. 1986) Cited 423 times
Timing and departure from past practice indicates unlawful motive
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
Laurel Sand & Gravel, Inc. v. CSX Transportation, Inc.
502 U.S. 814 (1991) Cited 78 times
No. 90-1805. October 7, 1991, OCTOBER TERM, 1991. C.A. 4th Cir. Certiorari denied. Reported below: 924 F. 2d 539.
Reno Hilton Resorts v. N.L.R.B
196 F.3d 1275 (D.C. Cir. 1999) Cited 23 times
Concluding that "[t]he timing of the decision to contract out is suspect" where it "came on the heels of heavy union activity" and the employer knew of the purported rationale for its subcontracting decision long before it implemented that decision
Laro Maintenance Corp. v. Nat'l Labor Relations Bd.
56 F.3d 224 (D.C. Cir. 1995) Cited 23 times
Inferring discriminatory motive from, inter alia, an employer's professed desire to hire the best qualified workers and the employer's subsequent decision to hire employees with no relevant experience over union members with experience
Birch Run Welding Fabricating, v. N.L.R.B
761 F.2d 1175 (6th Cir. 1985) Cited 35 times
Ordering general layoffs to discourage or retaliate against union activity is unlawful discrimination, even though some employees opposed to the union were laid-off as well
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 times
Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination
Hall v. N.L.R.B
941 F.2d 684 (8th Cir. 1991) Cited 19 times
Concluding that lack of "prior warning or reprimand" supported a finding of unlawful motivation
GSX Corp. of Missouri v. Nat'l Labor Relations Bd.
918 F.2d 1351 (8th Cir. 1990) Cited 17 times
Reviewing board's findings more critically where board's findings are contrary to ALJ's
N.L.R.B. v. Rain-Ware, Inc.
732 F.2d 1349 (7th Cir. 1984) Cited 20 times
Concluding that "[t]he timing of the layoffs and warehouse closing provides the strongest support for connecting anti-union sentiment with the layoffs," where the layoffs and warehouse closing closely followed a demand for union recognition
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Alternative Entertainment, Inc.

12 Cited authorities

Timing and departure from past practice indicates unlawful motive

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

Concluding that "[t]he timing of the decision to contract out is suspect" where it "came on the heels of heavy union activity" and the employer knew of the purported rationale for its subcontracting decision long before it implemented that decision

Inferring discriminatory motive from, inter alia, an employer's professed desire to hire the best qualified workers and the employer's subsequent decision to hire employees with no relevant experience over union members with experience

Ordering general layoffs to discourage or retaliate against union activity is unlawful discrimination, even though some employees opposed to the union were laid-off as well

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

Concluding that lack of "prior warning or reprimand" supported a finding of unlawful motivation

Reviewing board's findings more critically where board's findings are contrary to ALJ's

Concluding that "[t]he timing of the layoffs and warehouse closing provides the strongest support for connecting anti-union sentiment with the layoffs," where the layoffs and warehouse closing closely followed a demand for union recognition

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"