CMC Electrical Construction

16 Cited authorities

  1. 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."
  2. Labor Board v. Babcock Wilcox Co.

    351 U.S. 105 (1956)   Cited 294 times   19 Legal Analyses
    Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot
  3. Lunney, an Infant v. Prodigy Services Co.

    529 U.S. 1098 (2000)   Cited 73 times   1 Legal Analyses

    No. 99-1430. May 1, 2000, OCTOBER TERM, 1999. Ct. App. N. Y. Certiorari denied. Reported below: 94 N. Y. 2d 242, 723 N. E. 2d 539.

  4. 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
  5. Nat'l Labor Relations Bd. v. FES

    301 F.3d 83 (3d Cir. 2002)   Cited 57 times   21 Legal Analyses
    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
  6. N.L.R.B. v. Calkins

    187 F.3d 1080 (9th Cir. 1999)   Cited 53 times   2 Legal Analyses
    Recognizing that Nevada law does not extend special protection to free speech interests at the expense of a private store owner's property interest
  7. Multi-Ad Services, Inc. v. N.L.R.B

    255 F.3d 363 (7th Cir. 2001)   Cited 34 times
    Affirming Board's finding of coercive interrogation where an employee was asked "why he would want to bring a union into the company"
  8. Fivecap, Inc. v. N.L.R.B

    294 F.3d 768 (6th Cir. 2002)   Cited 32 times
    Holding that circulating a petition constituted concerted activity
  9. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.
  10. Contractors' Labor Pool, Inc. v. N.L.R.B

    323 F.3d 1051 (D.C. Cir. 2003)   Cited 14 times
    Concluding that the word "inherently" precludes reliance on "independent variables"