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A.S.I., Inc.

8 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. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 445 times   1 Legal Analyses
    Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

  3. 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"

  4. Dyer v. MacDougall

    201 F.2d 265 (2d Cir. 1952)   Cited 321 times
    Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence

  5. FPC Holdings, Inc. v. Nat'l Labor Relations Bd.

    64 F.3d 935 (4th Cir. 1995)   Cited 23 times
    Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior

  6. Prill v. N.L.R.B

    835 F.2d 1481 (D.C. Cir. 1987)   Cited 27 times   8 Legal Analyses
    Recognizing that an employee takes concerted action “when he acts with the actual participation or on the authority of his co-workers”

  7. Nat'l Labor Relations Bd. v. Illinois Tool Works

    153 F.2d 811 (7th Cir. 1946)   Cited 47 times
    Noting that the test for violations of sec. 8, now codified as sec. 8, of the NLRA is whether "the employer engaged in conduct which, it may reasonably be said, tends to interfere with the free exercise of employee rights under the Act," and that actual or successful coercion need not be shown in order for the Board to find a violation

  8. United States v. Motorlease Corp.

    334 F.2d 617 (2d Cir. 1964)   Cited 10 times

    No. 232, Docket 28470. Argued January 28, 1964. Decided July 15, 1964. William A. Friedlander, Dept. of Justice, Washington, D.C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Dept. of Justice, Washington, D.C., and Robert C. Zampano, U.S. Atty., District of Connecticut, New Haven, Conn., and F. Owen Eagan, Hartford, Conn., on the brief), for appellant. Norris L. O'Neill, Hartford, Conn., for appellee. Ellis Lyons, Perlman, Lyons Emmerglick, Washington, D.C., and Jess S. Raban