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American River Transportation

347 N.L.R.B. 925 (N.L.R.B. 2006)
American River Transportation

37 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. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  3. Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America

    511 U.S. 571 (1994)   Cited 97 times   2 Legal Analyses
    Holding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"

  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. 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

  6. Providence Alaska Medical Center v. N.L.R.B

    121 F.3d 548 (9th Cir. 1997)   Cited 26 times   2 Legal Analyses
    Holding that charge nurses were not statutory supervisors

  7. Beverly Enterprises v. Nat'l Labor Relations Bd.

    148 F.3d 1042 (8th Cir. 1998)   Cited 23 times   1 Legal Analyses
    Nursing home

  8. Cooper/T. Smith, Inc. v. Nat'l Labor Relations Bd.

    177 F.3d 1259 (11th Cir. 1999)   Cited 19 times
    Finding no assignment authority because employer failed to show docking pilots made assignments based on the skills and experiences of the putative subordinates

  9. New York University Medical Center v. N.L.R.B

    156 F.3d 405 (2d Cir. 1998)   Cited 19 times
    Rejecting Sixth Circuit approach

  10. Nat'l Labor Relations Bd. v. Grancare

    170 F.3d 662 (7th Cir. 1999)   Cited 18 times   1 Legal Analyses
    According Chevron deference to Board's interpretation of the "independent judgment" requirement in section 2

  11. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,317 times   84 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  12. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,302 times   97 Legal Analyses
    Granting employees the right to engage in or refrain from engaging in union activity

  13. Section 152 - Definitions

    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”