513 U.S. 352 (1995) Cited 1,199 times 9 Legal Analyses
Holding that, under the ADEA, neither reinstatement nor front pay is appropriate when, subsequent to the statutory violation, the plaintiff's employment has been terminated for legitimate reasons
465 U.S. 822 (1984) Cited 206 times 9 Legal Analyses
Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection
Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal
In NLRB v. Interboro Contractors, Inc., 388 F.2d 495, 500 (2d Cir. 1967), the Court of Appeals for the Second Circuit stated that the efforts of an individual employee acting alone to enforce the provisions of a collective bargaining agreement may be deemed "concerted," and thus protected, at least when the individual's interpretation of the agreement has a reasonable basis.
Stating that "comments demonstrate a `manifest hostility' toward union activity . . . are relevant in determining the Company's motive for its conduct"
Holding that it was “not incumbent on the general counsel to prove, nor on the Board to find, that the company's asserted nondiscriminatory reason of insubordination was pretextual ... although such a showing would have served as a conclusive rejection of [the company's] affirmative defense”