16 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 652 times 11 Legal AnalysesHolding 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."
Metropolitan Edison Co. v. Nat'l Labor Relations Bd.
460 U.S. 693 (1983) Cited 311 times 8 Legal AnalysesHolding that a union may, under certain circumstances, waive members' NLRA rights
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 AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Labor Board v. Burnup Sims
379 U.S. 21 (1964) Cited 106 times 21 Legal AnalysesFinding violation of § 8 "whatever the employer's motive"
Northport Health Services, Inc. v. N.L.R.B
961 F.2d 1547 (11th Cir. 1992) Cited 22 timesIn Northport, as in our case, the Board affirmed the ALJ's findings and conclusions, but summarily modified the ALJ's recommendations in a footnote.
Southwire Co. v. N.L.R.B
820 F.2d 453 (D.C. Cir. 1987) Cited 26 timesHolding that absence of evidence that employer discharged any other employee for similar violation supported finding of pretext
N.L.R.B. v. Associated General Contractors
633 F.2d 766 (9th Cir. 1980) Cited 33 timesNo. 79-7484. Argued and Submitted September 9, 1980. Decided October 16, 1980. Rehearing Denied December 22, 1980. Jerrold J. Wohlgemuth, Washington, D.C., for petitioner. James P. Watson, Los Angeles, Cal. (on brief), for respondent. Victor J. Van Bourg, Van Bourg, Allen, Weinberg Roger, San Francisco, Cal., for intervenor. On Application for Enforcement of an Order of the National Labor Relations Board. Before WRIGHT and POOLE, Circuit Judges, and BROWN, Senior District Judge. Of the District of
Larand Leisurelies, Inc. v. N.L.R.B
523 F.2d 814 (6th Cir. 1975) Cited 37 timesNo. 74-2325. Argued June 10, 1975. Decided October 1, 1975. As Amended October 15, 1975. W. Bruce Baird, Matthew R. Westfall, Middleton, Reutlinger Baird, Louisville, Ky., Jay S. Siegel, Siegel, O'Connor Kainen, Hartford, Conn., for petitioner. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., Hope P. Zelasko, Emil C. Farkas, Regional Director, 9th Region, N.L.R.B., Cincinnati, Ohio, for respondent. Herbert L. Segal, Irwin H. Cutler, Jr., Segal, Isenberg, Sales, Stewart Nutt
N.L.R.B. v. Delta Gas, Inc.
840 F.2d 309 (5th Cir. 1988) Cited 17 timesNoting that the Board's credibility determinations are entitled to deference unless "inherently unreasonable or self-contradictory"
Columbia Portland Cement Co. v. N.L.R.B
915 F.2d 253 (6th Cir. 1990) Cited 7 timesBalancing these competing principles and fully evaluating the facts to conclude that a work stoppage was protected activity when the employees took reasonable precautions to protect equipment even though the equipment was damaged