Arkema, Inc.

12 Cited authorities

  1. 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."
  2. Nat'l Labor Relations Bd. v. Wyman-Gordon Co.

    394 U.S. 759 (1969)   Cited 814 times   3 Legal Analyses
    Holding invalid a legislative rule developed in agency adjudication
  3. 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
  4. Medo Photo Supply Corp. v. Nat'l Labor Relations Bd.

    321 U.S. 678 (1944)   Cited 270 times   1 Legal Analyses
    Holding that offers of benefits to union supporters that induce them to leave the union violate § 8
  5. Labor Board v. Burnup Sims

    379 U.S. 21 (1964)   Cited 106 times   21 Legal Analyses
    Finding violation of § 8 "whatever the employer's motive"
  6. W.F. Bolin Co. v. N.L.R.B

    70 F.3d 863 (6th Cir. 1995)   Cited 48 times
    Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues
  7. Nat'l Labor Relations Bd. v. Joy Recovery Tech

    134 F.3d 1307 (7th Cir. 1998)   Cited 28 times
    Concluding that "[i]n this case, timing is everything," where "[t]he closing of the department comes on the heels of the union's organizational activity," including filing a petition for a representation election
  8. Adtranz ABB Daimler-Benz Transportation, N.A. v. National Labor Relations

    253 F.3d 19 (D.C. Cir. 2001)   Cited 20 times   2 Legal Analyses
    Finding "derogatory racial or sexual epithets" are not entitled to NLRA protection even when made within the context of union-protected activity
  9. Ryder Truck Rental v. N.L.R.B

    401 F.3d 815 (7th Cir. 2005)   Cited 13 times
    Finding that an employer's explanation that it discharged an employee because the employee falsified maintenance reports was pretextual because the employer had never discharged other employees based on this offense and the employer had instructed employees to falsify maintenance reports
  10. Union v. N.L.R.B

    520 F.3d 192 (2d Cir. 2008)   Cited 6 times

    Docket No. 05-6026-ag. Argued December 20, 2007. Decided: March 20, 2008. Appeal from the petitioned for review of order of National Labor Relations Board (NLRB). Thomas W. Meiklejohn, Livingston, Adler, Pulda, Meiklejohn Kelly, P.C., Hartford, CT, for Petitioner. Heather S. Beard (Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Fred B. Jacob, Supervisory Attorney, William