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Benihana's

17 Cited authorities

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

    462 U.S. 393 (1983)   Cited 657 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. Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.

    388 U.S. 26 (1967)   Cited 323 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

  3. Mastro Plastics Corp. v. Labor Board

    350 U.S. 270 (1956)   Cited 403 times   1 Legal Analyses
    Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

  4. Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.

    389 U.S. 375 (1967)   Cited 234 times
    In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

  5. Labor Board v. Mackay Co.

    304 U.S. 333 (1938)   Cited 535 times   4 Legal Analyses
    Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

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

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  7. Nat'l Labor Relations Bd. v. International Van Lines

    409 U.S. 48 (1972)   Cited 71 times
    Holding that a statement that striking employees "are being permanently replaced" constituted an unlawful discharge when permanent replacements had not been hired

  8. International Union

    459 F.2d 1329 (D.C. Cir. 1972)   Cited 118 times
    Holding that where a “judge plays a role in suppression of the evidence, the force of [any adverse] inference is dissipated”

  9. FPC Holdings, Inc. v. Nat'l Labor Relations Bd.

    64 F.3d 935 (4th Cir. 1995)   Cited 23 times
    Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior

  10. Pace Industries, Inc. v. Natl. Lab. Rel. Bd.

    118 F.3d 585 (8th Cir. 1997)   Cited 13 times

    No. 96-1643 Submitted December 11, 1996 Filed July 1, 1997 Myron Boe, Little Rock, AR, argued (Mark Alan Peoples, Little Rock, AR, on the brief), for Petitioners/Cross-Respondents. Bruce E. Buchanan, Little Rock, AR, argued (Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Linda Dreeben, Supervisory Attorney, National Labor Relations Board, Washington, DC, on the brief), for Respondent/Cross-Petitioner. Petition