Carpenters Health & Welfare Fund

7 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."
Director, Off. of Work. Comp. v. Greenwich Collieries
512 U.S. 267 (1994) Cited 445 times 1 Legal Analyses
Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose
Labor Board v. Parts Co.
375 U.S. 405 (1964) Cited 213 times 1 Legal Analyses
Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”
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
N.L.R.B. v. Thill, Inc.
980 F.2d 1137 (7th Cir. 1992) Cited 16 times
Denying enforcement of bargaining order where election results were stale and delay caused by NLRB failure to render final decision
Bryant Stratton Bus. v. National Labor rel
140 F.3d 169 (2d Cir. 1998) Cited 8 times
Holding that the employer did not violate the Act where its required use of a sign-in board was a "reaffirmation of its previous policy and not a change in the employee's terms and conditions of employment of unit employees"
N.L.R.B. v. Buckhorn Hazard Coal Corporation
472 F.2d 53 (6th Cir. 1973) Cited 10 times
No. 72-1408. January 18, 1973. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., John C. Getreu, Director, Region 9, N.L.R.B., Cincinnati, Ohio, David Miller, N.L.R.B., Washington, D.C., for petitioner; Peter G. Nash, Gen. Counsel, Patrick Hardin, Assoc. Gen. Counsel, Charles N. Steele, David Miller, N.L.R.B., Washington, D.C., on brief. John L. Ray, Payne, Minor, Ray, Price Loeb, Charleston, W.Va., for respondent. Before PECK and MILLER, Circuit Judges, and O'SULLIVAN, Senior

Carpenters Health & Welfare Fund

7 Cited authorities

Nat'l Labor Relations Bd. v. Transportation Management Corp.

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."

Director, Off. of Work. Comp. v. Greenwich Collieries

Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

Labor Board v. Parts Co.

Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

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

N.L.R.B. v. Thill, Inc.

Denying enforcement of bargaining order where election results were stale and delay caused by NLRB failure to render final decision

Bryant Stratton Bus. v. National Labor rel

Holding that the employer did not violate the Act where its required use of a sign-in board was a "reaffirmation of its previous policy and not a change in the employee's terms and conditions of employment of unit employees"

N.L.R.B. v. Buckhorn Hazard Coal Corporation