Bates Paving & Sealing, Inc.

15 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,674 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
  2. Nat'l Labor Relations Bd. v. Canning

    573 U.S. 513 (2014)   Cited 274 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 ”
  3. 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."
  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. Laurel Sand & Gravel, Inc. v. CSX Transportation, Inc.

    502 U.S. 814 (1991)   Cited 78 times

    No. 90-1805. October 7, 1991, OCTOBER TERM, 1991. C.A. 4th Cir. Certiorari denied. Reported below: 924 F. 2d 539.

  6. Nat'l Labor Relations Bd. v. Relco Locomotives, Inc.

    734 F.3d 764 (8th Cir. 2013)   Cited 95 times
    Holding that a challenge to the composition of the National Labor Relations Board under the Recess Appointments Clause was not jurisdictional and could be forfeited if not raised to the Board
  7. Bally's Park Place Inc. v. Nat'l Labor Relations Bd.

    646 F.3d 929 (D.C. Cir. 2011)   Cited 42 times
    Finding unlawful motive where employee's discharge came only days after manager observed him at pro-union rally
  8. Autonation, Inc. v. Nat'l Labor Relations Bd.

    801 F.3d 767 (7th Cir. 2015)   Cited 7 times
    Finding employer's claim that it fired employee due to job abandonment to be a pretext because employer knew that employee had filed for unemployment benefits and was under the impression that he had already been terminated and yet the company did nothing to correct the employee's alleged misimpression
  9. N.L.R.B. v. Intertherm, Inc.

    596 F.2d 267 (8th Cir. 1979)   Cited 36 times
    Holding that employees have a near-absolute right to wear union insignia in the absence of evidence relating to employee efficiency or plant discipline
  10. Arrow Elec. Co., Inc v. N.L.R.B

    155 F.3d 762 (6th Cir. 1998)   Cited 7 times
    Enforcing Board's determination that employer violated § 8 by discharging employees for activity protected by § 7