Banner Estrella Medical Center

18 Cited authorities

Nat'l Labor Relations Bd. v. Canning
573 U.S. 513 (2014) Cited 259 times 150 Legal Analyses
Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 647 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."
Nat'l Labor Relations Bd. v. J. Weingarten, Inc.
420 U.S. 251 (1975) Cited 427 times 64 Legal Analyses
Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness
First National Maintenance Corp. v. Nat'l Labor Relations Bd.
452 U.S. 666 (1981) Cited 264 times 16 Legal Analyses
Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons
American Ship Bldg. v. Labor Board
380 U.S. 300 (1965) Cited 350 times 4 Legal Analyses
Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 320 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 358 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
Romano v. Merrill Lynch, Pierce, Fenner Smith
487 U.S. 1205 (1988) Cited 105 times 6 Legal Analyses
Upholding conclusion that employees classified as department managers did not meet executive exemption
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
Southern S.S. Co. v. Labor Board
316 U.S. 31 (1942) Cited 160 times 2 Legal Analyses
Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”
Rule 615 - Excluding Witnesses from the Courtroom; Preventing an Excluded Witness's Access to Trial Testimony
Fed. R. Evid. 615 Cited 1,360 times 7 Legal Analyses
Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion

Banner Estrella Medical Center

18 Cited authorities

Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”

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."

Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness

Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons

Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

Upholding conclusion that employees classified as department managers did not meet executive exemption

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

Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”

Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion