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Burndy, LLC

22 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. Chemical Workers v. Pittsburgh Glass

    404 U.S. 157 (1971)   Cited 630 times   7 Legal Analyses
    Holding retirees are not "employees" within the bargaining unit

  3. 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"

  4. 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."

  5. Labor Board v. Borg-Warner Corp.

    356 U.S. 342 (1958)   Cited 296 times   1 Legal Analyses
    Holding employer's insistence on a ballot clause was an unfair labor practice under § 8 because it was a non-mandatory subject of bargaining and it "substantially modifies the collective-bargaining system provided for in the statute by weakening the independence of the 'representative' chosen by the employees. It enables the employer, in effect, to deal with its employees rather than with their statutory representative."

  6. 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

  7. Canning v. Nat'l Labor Relations Bd.

    705 F.3d 490 (D.C. Cir. 2013)   Cited 96 times   37 Legal Analyses
    Holding that such a challenge qualifies as an "extraordinary circumstance"

  8. SW General, Inc. v. Nat'l Labor Relations Bd.

    796 F.3d 67 (D.C. Cir. 2015)   Cited 47 times   10 Legal Analyses
    Holding that collateral attacks on an official's authority are permissible when the plaintiff brings his action at or around the time that the challenge government action is taken and the plaintiff shows that the agency has had reasonable notice of the claimed defect in the official's title to office

  9. Hooks ex rel. Nat'l Labor Relations Bd. v. Kitsap Tenant Support Servs., Inc.

    816 F.3d 550 (9th Cir. 2016)   Cited 39 times   3 Legal Analyses
    Concluding "that the F[ederal Vacanies Reform Act ("FVRA")] retains the vacancy-filling mechanisms in forty different [office-specific vacancy] statutes"

  10. Bally's Park Place Inc. v. Nat'l Labor Relations Bd.

    646 F.3d 929 (D.C. Cir. 2011)   Cited 42 times
    Finding unlawful motive where employee's discharge came only days after manager observed him at pro-union rally

  11. Section 556 - Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision

    5 U.S.C. § 556   Cited 909 times   14 Legal Analyses
    Specifying that presiding officers may either be the agency, a member of the body that comprises the agency, i.e., a commissioner, or an ALJ

  12. Section 3345 - Acting officer

    5 U.S.C. § 3345   Cited 178 times   29 Legal Analyses
    Providing that an Acting Director may be an inferior officer within the PTO