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Banner Estrella Medical Center

358 N.L.R.B. 809 (N.L.R.B. 2012)
Banner Estrella Medical Center

9 Cited authorities

  1. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 646 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. 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"

  3. Labor Bd. v. Washington Aluminum Co.

    370 U.S. 9 (1962)   Cited 205 times   3 Legal Analyses
    Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

  4. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 355 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  5. Fairley v. Turan-Foley Imports, Inc.

    65 F.3d 475 (5th Cir. 1995)   Cited 54 times
    Holding a district court had subject matter jurisdiction to consider a TILA claim

  6. Guardsmark, LLC v. Nat'l Labor Relations Bd.

    475 F.3d 369 (D.C. Cir. 2007)   Cited 16 times   2 Legal Analyses
    Striking down rule that only allowed employees to complain internally

  7. Mushroom Transportation Company v. N.L.R.B

    330 F.2d 683 (3d Cir. 1964)   Cited 48 times
    In Mushroom Transportation Co. v. NLRB, 330 F.2d 683, 685 (3d Cir. 1964), we held that to qualify as concerted activity "it must appear at the very least that [the conduct] was engaged in with the object of initiating or inducing or preparing for group action or that it had some relation to group action in the interest of the employees."

  8. Owens-Corning Fiberglas Corp. v. N.L.R.B

    407 F.2d 1357 (4th Cir. 1969)   Cited 38 times
    Noting that, while timing is a factor, "the thrust of Exchange Parts is the condemnation of granting such benefits with the purpose of affecting the outcome of an election"

  9. Franklin Iron Metal v. Nat'l Labor Relations Bd.

    83 F.3d 156 (6th Cir. 1996)   Cited 2 times

    Nos. 95-5092 / 95-5239. Submitted April 19, 1996. Decided and Filed May 13, 1996. Pursuant to Sixth Circuit Rule 24. Marl R. Chilson, Barbara A. Lahmann (briefed), Young Alexander, Dayton, OH, for Petitioner. David Seid (briefed), N.L.R.B., Office of General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Paul J. Spielberg (briefed), N.L.R.B., Appellate Court Branch, Washington, DC, for Respondent. On Petition for Review and Cross-Application for Enforcement of an Order of the National