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Avondale Industries, Inc.

329 N.L.R.B. 1064 (N.L.R.B. 1999)
Avondale Industries, Inc.

21 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. 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"

  3. ABF Freight System, Inc. v. Nat'l Labor Relations Bd.

    510 U.S. 317 (1994)   Cited 117 times   1 Legal Analyses
    Recognizing that assessing the proper punishment for conduct is a policy matter

  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. Nat'l Labor Relations Bd. v. Fant Milling Co.

    360 U.S. 301 (1959)   Cited 106 times   1 Legal Analyses
    Holding that an untimely allegation of an unlawful unilateral wage increase was sufficiently related to a timely refusal-to-bargain charge, because the wage increase "largely influenced" the Board's finding that an unlawful refusal to bargain had occurred

  6. Nat'l Labor Relations Bd. v. Electro-Voice

    83 F.3d 1559 (7th Cir. 1996)   Cited 85 times
    Holding that reinstatement of discharged employees was appropriate, noting that "the employees remaining at the plant know what happened to the terminated employees, and fear that it will happen to them"

  7. Southwest Merchandising Corp. v. N.L.R.B

    53 F.3d 1334 (D.C. Cir. 1995)   Cited 38 times
    Holding that the jury could infer pretext and unlawful discrimination from an employer's shifting and inconsistent explanations for its action

  8. Fieldcrest Cannon v. National Labor Rela. Bd.

    97 F.3d 65 (4th Cir. 1996)   Cited 24 times   1 Legal Analyses
    Noting that demeanor is a factor in determining credibility

  9. Ready Mixed Concrete v. Nat. Lab. Rel. Bd.

    81 F.3d 1546 (10th Cir. 1996)   Cited 24 times
    Imputing supervisor's knowledge of employee's union activities to company where supervisor had anti-union animus, but acknowledging that decision-maker admitted he probably knew of employee's union activities

  10. Asarco, Inc. v. N.L.R.B

    86 F.3d 1401 (5th Cir. 1996)   Cited 22 times
    Finding of antiunion animus necessary to finding of section 8 violation

  11. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,306 times   86 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,979 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  13. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,937 times   7 Legal Analyses
    Granting trial judge broad discretion to control witness examination