Beverly Health & Rehabilitation Services

18 Cited authorities

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."
Linn v. Plant Guard Workers
383 U.S. 53 (1966) Cited 732 times 16 Legal Analyses
Holding as preempted all defamation actions in labor disputes except those published with actual malice
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"
Communications Workers of America v. Beck
487 U.S. 735 (1988) Cited 277 times 44 Legal Analyses
Holding that non-members could not be charged "to support union activities beyond those germane to collective bargaining, contract administration, and grievance adjustment"
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."
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
ITT Automotive v. Nat'l Labor Relations Bd.
188 F.3d 375 (6th Cir. 1999) Cited 20 times
Stating that an employer's deviation from past practices supports an inference of anti-union animus
Dayton Typographic Service, Inc. v. N.L.R.B
778 F.2d 1188 (6th Cir. 1985) Cited 25 times
Finding the employer's "lack of work" defense unconvincing where the employer hired two new employees to do part-time work in the same department as the discharged employee
GSX Corp. of Missouri v. Nat'l Labor Relations Bd.
918 F.2d 1351 (8th Cir. 1990) Cited 17 times
Reviewing board's findings more critically where board's findings are contrary to ALJ's
Adair Standish Corp. v. N.L.R.B
912 F.2d 854 (6th Cir. 1990) Cited 17 times
Holding that the employer violated the Act by instituting changes in the employees' schedules following the union's certification

Beverly Health & Rehabilitation Services

18 Cited authorities

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 as preempted all defamation actions in labor disputes except those published with actual malice

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 non-members could not be charged "to support union activities beyond those germane to collective bargaining, contract administration, and grievance adjustment"

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

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

Stating that an employer's deviation from past practices supports an inference of anti-union animus

Finding the employer's "lack of work" defense unconvincing where the employer hired two new employees to do part-time work in the same department as the discharged employee

Reviewing board's findings more critically where board's findings are contrary to ALJ's

Holding that the employer violated the Act by instituting changes in the employees' schedules following the union's certification