America's Best Quality Coatings Corp.

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."
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"
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.”
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
Schnuck Markets, Inc. v. N.L.R.B
961 F.2d 700 (8th Cir. 1992) Cited 22 times
Stating that the employer "bears the burden of proving supervisory status"
Justak Bros. and Co., Inc. v. N.L.R.B
664 F.2d 1074 (7th Cir. 1981) Cited 29 times
Disallowing an employer to seize upon turnover, for otherwise "an employer could engage in a scheme of unfair labor practices and yet escape a bargaining order by delaying and waiting for employee turnover"
Ron Tirapelli Ford, Inc. v. Nat'l Labor Relations Bd.
987 F.2d 433 (7th Cir. 1993) Cited 15 times
Finding in an incumbent union context that "a bargaining order is the appropriate remedy to return the parties to the status quo ante"
Impact Industries, Inc. v. N.L.R.B
847 F.2d 379 (7th Cir. 1988) Cited 16 times
Bargaining order imposed after a refusal to bargain, threats of plant closure, threats of discharge, and other egregious employer activities resulting in Union's election loss
N.L.R.B. v. Gordon
792 F.2d 29 (2d Cir. 1986) Cited 13 times
Enforcing bargaining order after one-hundred percent turnover
McLane/Western, Inc. v. Nat'l Labor Relations Bd.
827 F.2d 1423 (10th Cir. 1987) Cited 2 times
Upholding a Section 8 violation where a pro-union grocery warehouse employee was discharged for eating a broken cracker from an unsalvable case in alleged violation of the company's anti-pilfering rule
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,874 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

America's Best Quality Coatings Corp.

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."

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

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.”

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

Stating that the employer "bears the burden of proving supervisory status"

Disallowing an employer to seize upon turnover, for otherwise "an employer could engage in a scheme of unfair labor practices and yet escape a bargaining order by delaying and waiting for employee turnover"

Finding in an incumbent union context that "a bargaining order is the appropriate remedy to return the parties to the status quo ante"

Bargaining order imposed after a refusal to bargain, threats of plant closure, threats of discharge, and other egregious employer activities resulting in Union's election loss

Enforcing bargaining order after one-hundred percent turnover

Upholding a Section 8 violation where a pro-union grocery warehouse employee was discharged for eating a broken cracker from an unsalvable case in alleged violation of the company's anti-pilfering rule

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions