Beverly Enterprises

22 Cited authorities

Bill Johnson's Restaurants, Inc. v. Nat'l Labor Relations Bd.
461 U.S. 731 (1983) Cited 978 times 17 Legal Analyses
Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law
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."
Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 731 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
First National Maintenance Corp. v. Nat'l Labor Relations Bd.
452 U.S. 666 (1981) Cited 269 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
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Labor Board v. Babcock Wilcox Co.
351 U.S. 105 (1956) Cited 294 times 19 Legal Analyses
Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot
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
Labor Board v. Truitt Mfg. Co.
351 U.S. 149 (1956) Cited 223 times 8 Legal Analyses
Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

Beverly Enterprises

22 Cited authorities

Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law

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 the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

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

Approving "discovery-type standard"

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot

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

Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith