Appleway Chevrolet, Inc.

8 Cited authorities

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"
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
N.L.R.B. v. Nevis Industries, Inc.
647 F.2d 905 (9th Cir. 1981) Cited 55 times
In NLRB v. Nevis Industries, Inc., 647 F.2d 905 (9th Cir. 1981), the Ninth Circuit approved Wright Line's procedural shift, but again without discussion of the General Counsel's statutory burden of proof.
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
Behring Intern., Inc. v. N.L.R.B
675 F.2d 83 (3d Cir. 1982) Cited 24 times
In Behring International v. NLRB, supra, we held that the Board's rule shifting the burden of proof to the employer to show a legitimate reason for a discharge once a prima facie case had been made out of a discharge for engaging in protected activity was inconsistent with section 10(c) of the National Labor Relations Act, 29 U.S.C. § 160(c) (1976).
N.L.R.B. v. Fixtures Mfg. Corp.
669 F.2d 547 (8th Cir. 1982) Cited 20 times
In NLRB v. Fixtures Manufacturing Corp., 669 F.2d 547 (8th Cir. 1982), the Eighth Circuit rejected the First Circuit's approach and approved the Board's burden-shifting rule as within the latitude it should have in structuring its fact-finding process.
N.L.R.B. v. Los Angeles New Hospital
640 F.2d 1017 (9th Cir. 1981) Cited 8 times
No. 80-7073. Argued and Submitted November 5, 1980. Decided March 6, 1981. Susan L. Dolin, Richard M. Fischl, Washington, D.C., for petitioner. Catherine Hagen, O'Melveny Myers, Los Angeles, Cal., for respondent. On Application for Enforcement of an Order of the National Labor Relations Board. Before WRIGHT and TANG, Circuit Judges, and HANSON, Senior District Judge. The Honorable William C. Hanson, Senior United States District Judge for the Northern and Southern District of Iowa, sitting by designation
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,095 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"

Appleway Chevrolet, Inc.

8 Cited authorities

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

In NLRB v. Nevis Industries, Inc., 647 F.2d 905 (9th Cir. 1981), the Ninth Circuit approved Wright Line's procedural shift, but again without discussion of the General Counsel's statutory burden of proof.

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

In NLRB v. Fixtures Manufacturing Corp., 669 F.2d 547 (8th Cir. 1982), the Eighth Circuit rejected the First Circuit's approach and approved the Board's burden-shifting rule as within the latitude it should have in structuring its fact-finding process.

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"