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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
N.L.R.B. v. Vemco, Inc.
989 F.2d 1468 (6th Cir. 1993) Cited 24 times
Holding that an employer's statement that unionization would result in a work shortage resulting in reduced hours or layoffs was a permissible, objective prediction, and thus protected speech under § 8(c), where nothing suggested that the expected work shortage "was within [the employer's] control" or that the employer "would implement a cutback in hours or a layoff solely on its own initiative for reasons unrelated to the economic necessity of adjusting to a shortage of work"