Chromalloy American Corp.

40 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."
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
N.L.R.B. v. Berger Transfer Storage Co.
678 F.2d 679 (7th Cir. 1982) Cited 52 times
Observing that "when the questions asked `viewed and interpreted as the employee must have understood the questioning and its ramifications, could reasonably coerce or intimidate the employee with regard to union activities,' a violation has been established"
Vulcan Hart Corp.
718 F.2d 269 (8th Cir. 1983) Cited 44 times
Holding “Rule 408 excludes evidence of settlement offers only if such evidence is offered to prove liability for or invalidity of the claim under negotiation”
L'Eggs Products, Inc. v. N.L.R.B
619 F.2d 1337 (9th Cir. 1980) Cited 37 times
Finding that statement of anti-union motive eliminates question concerning validity of proffered legitimate reason for adverse action
N.L.R.B. v. Sumter Plywood Corp.
535 F.2d 917 (5th Cir. 1976) Cited 41 times
Finding that "the major concern" for the Sewell line of cases "is that workers of one race not be persuaded to vote for or against a Union on the basis of invidious prejudices they might have against individuals of another race"
N.L.R.B. v. Intertherm, Inc.
596 F.2d 267 (8th Cir. 1979) Cited 36 times
Holding that employees have a near-absolute right to wear union insignia in the absence of evidence relating to employee efficiency or plant discipline
Nazareth Regional High School v. N.L.R.B
549 F.2d 873 (2d Cir. 1977) Cited 36 times
Holding that, to rebut a presumption of majority status, "the employer must produce clear and convincing evidence of loss of union support capable of raising a reasonable doubt of the union's continuing majority"
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,873 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Chromalloy American Corp.

40 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."

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

Observing that "when the questions asked `viewed and interpreted as the employee must have understood the questioning and its ramifications, could reasonably coerce or intimidate the employee with regard to union activities,' a violation has been established"

Holding “Rule 408 excludes evidence of settlement offers only if such evidence is offered to prove liability for or invalidity of the claim under negotiation”

Finding that statement of anti-union motive eliminates question concerning validity of proffered legitimate reason for adverse action

Finding that "the major concern" for the Sewell line of cases "is that workers of one race not be persuaded to vote for or against a Union on the basis of invidious prejudices they might have against individuals of another race"

Holding that employees have a near-absolute right to wear union insignia in the absence of evidence relating to employee efficiency or plant discipline

Holding that, to rebut a presumption of majority status, "the employer must produce clear and convincing evidence of loss of union support capable of raising a reasonable doubt of the union's continuing majority"

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions