Nat'l Labor Relations Bd. v. Transportation Management Corp.

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. Gissel Packing Co.

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Labor Board v. Parts Co.

Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Hotel Emp. Restaurant Emp. Un. v. N.L.R.B

Affirming Rossmore House, 269 NLRB 1176

N.L.R.B. v. Eagle Material Handling, Inc.

In Eagle Material, we held that a company violated the NLRA when it terminated an unpopular supervisor shortly before the union's representation election.

N.L.R.B. v. Knogo Corp.

In Knogo we said that among the mitigating factors the NLRB is obliged to consider before issuing a bargaining order are the passage of time and the rate of employee turnover and we held that "[a]lthough `we must guard against rewarding an employer for his own misconduct or delaying tactics,'" At 60, quoting Jamaica Towing, 632 F.2d at 214, where the company was not responsible for twenty-two months of the lapse of time and there was a large employee turnover, a bargaining order should not issue.

Hambre Hombre Enterprises, Inc. v. N.L.R.B

Red Barns System, Inc. v. N.L.R.B

Stating that district court has "broad discretion to determine when party convenience or the interest of justice make a transfer appropriate"