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Cogburn Healthcare Center

335 N.L.R.B. 1397 (N.L.R.B. 2001)
Cogburn Healthcare Center

24 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. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. Beth Israel Hospital v. Nat'l Labor Relations Bd.

    437 U.S. 483 (1978)   Cited 220 times   5 Legal Analyses
    Holding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time

  4. 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

  5. Eldeco, Inc. v. National Labor Relations Bd.

    132 F.3d 1007 (4th Cir. 1997)   Cited 203 times
    Holding courts must show deference to the ALJ's credibility determinations unless they are "unreasonable, contradict [] other findings of fact, or [are] based on inadequate reason or no reason at all"

  6. Franks Bros. Co. v. Labor Board

    321 U.S. 702 (1944)   Cited 252 times   1 Legal Analyses
    Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.

  7. 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.

  8. N.L.R.B. v. Jamaica Towing, Inc.

    632 F.2d 208 (2d Cir. 1980)   Cited 50 times
    Holding that "hallmark" violations of NLRA "include such employer misbehavior as the closing of a plant or threats of plant closure or loss of employment, the grant of benefits to employees, or the reassignment, demotion or discharge of union adherents" and lesser violations "include such employer misconduct as interrogating employees regarding their union sympathies, holding out a `carrot' of promised benefits, expressing anti-union resolve, threatening that unionization will result in decreased benefits, or suggesting that physical force might be used to exclude the union"

  9. Davis Supermarkets, Inc. v. N.L.R.B

    2 F.3d 1162 (D.C. Cir. 1993)   Cited 30 times   1 Legal Analyses
    Affirming bargaining order where company's "large number of unfair labor practices, . . . committed by some of the top officials in the company, and . . . directed at numerous employees . . . instilled a strong fear of union representation in the employees."

  10. Traction Wholesale Center Co. v. Nat'l Labor Relations Bd.

    216 F.3d 92 (D.C. Cir. 2000)   Cited 16 times
    Finding unlawful motive where employer discharged employee on same day that union asked for recognition

  11. Section 6621 - Determination of rate of interest

    26 U.S.C. § 6621   Cited 1,874 times   23 Legal Analyses
    Applying a higher interest rate to past liabilities resulting from tax-motivated transactions