Bliss Clearing Niagara, Inc.

13 Cited authorities

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 "
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."
Nat'l Labor Relations Bd. v. Scrivener
405 U.S. 117 (1972) Cited 83 times
Holding that protection from retaliation for "fil[ing] charges or giv[ing] testimony" under the National Labor Relations Act extends to an employee who gave a written sworn statement to an NLRB examiner
Foltz v. U. S. News World Report
490 U.S. 1108 (1989) Cited 36 times
Timing of discharge made employer motivation "stunningly obvious"
Certiorari Denied
536 U.S. 939 (2002) Cited 18 times
Finding that imploring the jury to have courage, when used in the context of speaking of the courage of witnesses at trial, was not an objectionable argument on the part of the prosecutor
Hyatt Corp. v. N.L.R.B
939 F.2d 361 (6th Cir. 1991) Cited 98 times
Upholding Section 8 violations, under Birch Run's general layoff theory, where three union supporters and nine other employees were discharged over a seven month period
Fivecap, Inc. v. N.L.R.B
294 F.3d 768 (6th Cir. 2002) Cited 32 times
Holding that circulating a petition constituted concerted activity
N.L.R.B. v. S.E. Nichols, Inc.
862 F.2d 952 (2d Cir. 1988) Cited 30 times
Finding that violations at various locations managed by the same district supervisor justified an order covering all locations managed by that district supervisor
Abbey's Transp. Services, Inc. v. N.L.R.B
837 F.2d 575 (2d Cir. 1988) Cited 25 times
Finding violation when interrogator was a "lawyer-consultant"
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 times
Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

Bliss Clearing Niagara, Inc.

13 Cited authorities

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 "

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 protection from retaliation for "fil[ing] charges or giv[ing] testimony" under the National Labor Relations Act extends to an employee who gave a written sworn statement to an NLRB examiner

Timing of discharge made employer motivation "stunningly obvious"

Finding that imploring the jury to have courage, when used in the context of speaking of the courage of witnesses at trial, was not an objectionable argument on the part of the prosecutor

Upholding Section 8 violations, under Birch Run's general layoff theory, where three union supporters and nine other employees were discharged over a seven month period

Holding that circulating a petition constituted concerted activity

Finding that violations at various locations managed by the same district supervisor justified an order covering all locations managed by that district supervisor

Finding violation when interrogator was a "lawyer-consultant"

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination