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CMC Electrical Construction & Maintenance, Inc

347 N.L.R.B. 273 (N.L.R.B. 2006)
CMC Electrical Construction & Maintenance, Inc

6 Cited authorities

  1. 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."

  2. Phelps Dodge Corp. v. Labor Board

    313 U.S. 177 (1941)   Cited 871 times
    Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

  3. 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

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

    301 F.3d 83 (3d Cir. 2002)   Cited 49 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

  5. N.L.R.B. v. Ridgeway Trucking Co.

    622 F.2d 1222 (5th Cir. 1980)   Cited 24 times
    In NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1223-24 (5th Cir. 1980), we stated that "[t]he test of whether an employee was discharged depends upon the reasonable inferences that the employees could draw from the language used by the employer."

  6. N.L.R.B. v. Trumbull Asphalt Co. of Delaware

    327 F.2d 841 (8th Cir. 1964)   Cited 31 times
    Holding that "[t]he fact of discharge . . . does not depend on the use of formal words of firing. It is sufficient if the words or actions of the employer 'would logically lead a prudent person to believe his tenure had been terminated.'"