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Barstow Community Hospital

352 N.L.R.B. 1052 (N.L.R.B. 2008)
Barstow Community Hospital

6 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. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  3. Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America

    511 U.S. 571 (1994)   Cited 97 times   2 Legal Analyses
    Holding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"

  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. Pergament United Sales, Inc. v. N.L.R.B

    920 F.2d 130 (2d Cir. 1990)   Cited 20 times   9 Legal Analyses
    Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"

  6. Holsum de Puerto Rico, Inc. v. Nat'l Labor Relations Bd.

    456 F.3d 265 (1st Cir. 2006)   Cited 3 times
    Finding substantial evidence of knowledge of union activities conducted in plain view in an open parking lot where the activities "could very well have been observed by any number of supervisors and managers"