Bon Harbor Nursing & Rehabilitation Center

10 Cited authorities

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."
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
Nat'l Labor Relations Bd. v. Caval Tool Division, Chromalloy Gas Turbine Corp.
262 F.3d 184 (2d Cir. 2001) Cited 20 times 1 Legal Analyses
Affirming the Board's holding that an employee engaged in concerted activity when he made statements about the company's new break policy at an employee meeting called by the employer to address the policy
Automobile Salesmen's Union v. N.L.R.B
711 F.2d 383 (D.C. Cir. 1983) Cited 26 times
Summarizing post-1982 standard for finding violations of the Act in disciplinary actions taken against supervisors
Hospital General Menonita v. N.L.R.B
393 F.3d 263 (1st Cir. 2004) Cited 4 times
No. 03-2734. Heard September 14, 2004. Decided December 23, 2004. Petition for the review of National Labor Relations Board. Julio I. Lugo-Munoz, with whom Lespier, Munoz Noya Rivera, was on brief, for petitioner. Ruth E. Burdick, Attorney, with whom Robert J. Englehart, Supervisory Attorney, Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, were on brief, for respondent
Roadway Exp., Inc. v. N.L.R.B
831 F.2d 1285 (6th Cir. 1987) Cited 19 times
Noting that reviewing courts rarely disturb determinations of credibility made by the Board
Waverly-Cedar Falls Health Care v. N.L.R.B
933 F.2d 626 (8th Cir. 1991) Cited 14 times
Holding that LPNs' authority to assign work to aides did not involve independent judgement where authority to assign work to aides simply involved following management's policy and procedure
N.L.R.B. v. Hale Mfg. Co., Inc.
570 F.2d 705 (8th Cir. 1978) Cited 18 times
Finding that an actual termination occurred where the employer did not regard the employee as fired
N.L.R.B. v. Trumbull Asphalt Co. of Delaware
327 F.2d 841 (8th Cir. 1964) Cited 31 times
Holding that "[t]he fact of discharge . . . does not depend on the use of formal words of firing. It is sufficient if the words or actions of the employer 'would logically lead a prudent person to believe his tenure had been terminated.'"
N.L.R.B. v. Honeywell, Inc.
722 F.2d 405 (8th Cir. 1983) Cited 8 times 1 Legal Analyses
In Honeywell the employer maintained two bulletin boards: one contained notices for company-sponsored organizations and activities, and the other contained employees' notices for work-related activities — except for unions.

Bon Harbor Nursing & Rehabilitation Center

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

Affirming the Board's holding that an employee engaged in concerted activity when he made statements about the company's new break policy at an employee meeting called by the employer to address the policy

Summarizing post-1982 standard for finding violations of the Act in disciplinary actions taken against supervisors

Noting that reviewing courts rarely disturb determinations of credibility made by the Board

Holding that LPNs' authority to assign work to aides did not involve independent judgement where authority to assign work to aides simply involved following management's policy and procedure

Finding that an actual termination occurred where the employer did not regard the employee as fired

Holding that "[t]he fact of discharge . . . does not depend on the use of formal words of firing. It is sufficient if the words or actions of the employer 'would logically lead a prudent person to believe his tenure had been terminated.'"

In Honeywell the employer maintained two bulletin boards: one contained notices for company-sponsored organizations and activities, and the other contained employees' notices for work-related activities — except for unions.