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Boothwyn Fire Company No. 1

363 NLRB No. 191 (N.L.R.B. 2016)
Boothwyn Fire Company No. 1

10 Cited authorities

  1. 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."

  2. Romano v. Merrill Lynch, Pierce, Fenner Smith

    487 U.S. 1205 (1988)   Cited 105 times   6 Legal Analyses
    Upholding conclusion that employees classified as department managers did not meet executive exemption

  3. 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

  4. Prill v. N.L.R.B

    755 F.2d 941 (D.C. Cir. 1985)   Cited 80 times   3 Legal Analyses
    In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."

  5. N.L.R.B. v. Air Contact Transport Inc.

    403 F.3d 206 (4th Cir. 2005)   Cited 15 times
    Noting that whether an employer action is labeled as “counseling” or “disciplinary” does not matter for § 8 purposes as long as the action tends to coerce against engaging in protected activity

  6. Prill v. N.L.R.B

    835 F.2d 1481 (D.C. Cir. 1987)   Cited 27 times   8 Legal Analyses
    Recognizing that an employee takes concerted action “when he acts with the actual participation or on the authority of his co-workers”

  7. 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

  8. National Labor Relations Bd. v. Federbush Co.

    121 F.2d 954 (2d Cir. 1941)   Cited 85 times   2 Legal Analyses
    In National Labor Relations Board v. Federbush Co., 121 Fed. 2d 954, decided July 18, 1941, the decision of the Circuit Court of Appeals for the Second Circuit was written by Judge Learned Hand.

  9. Nat'l Labor Relations Bd. v. Illinois Tool Works

    153 F.2d 811 (7th Cir. 1946)   Cited 47 times
    Noting that the test for violations of sec. 8, now codified as sec. 8, of the NLRA is whether "the employer engaged in conduct which, it may reasonably be said, tends to interfere with the free exercise of employee rights under the Act," and that actual or successful coercion need not be shown in order for the Board to find a violation

  10. Nachman Corporation v. N.L.R.B

    337 F.2d 421 (7th Cir. 1964)   Cited 11 times

    No. 14566. October 7, 1964. Fredric N. Richman, Sidney R. Korshak, David H. Mendelsohn, Chicago, Ill., for petitioner. Marcel Mallet-Prevost, Asst. Gen. Counsel, George H. Cohen, Atty., Arnold Ordman, Gen. Counsel, Dominick L Manoli, Assoc. Gen. Counsel, Warren M. Davison, Seymour Strongin, Attys., N.L.R.B., for respondent. Before DUFFY, SCHNACKENBERG and KILEY, Circuit Judges. DUFFY, Circuit Judge. This is a petition by Nachman Corporation to review and set aside an order of the National Labor Relations