Conley Trucking

25 Cited authorities

Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,674 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.
437 U.S. 214 (1978) Cited 963 times 4 Legal Analyses
Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”
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."
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"
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
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
Dyer v. MacDougall
201 F.2d 265 (2d Cir. 1952) Cited 321 times
Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence
Nat'l Labor Relations Bd. v. Joy Recovery Tech
134 F.3d 1307 (7th Cir. 1998) Cited 28 times
Concluding that "[i]n this case, timing is everything," where "[t]he closing of the department comes on the heels of the union's organizational activity," including filing a petition for a representation election
Be-Lo Stores v. N.L.R.B
126 F.3d 268 (4th Cir. 1997) Cited 21 times 3 Legal Analyses
Holding that the Board did not properly analyze Gissel in reaching a determination that mandatory bargaining was an appropriate remedy
FPC Holdings, Inc. v. Nat'l Labor Relations Bd.
64 F.3d 935 (4th Cir. 1995) Cited 23 times
Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,581 times 77 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,316 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 157 - Right of employees as to organization, collective bargaining, etc.
29 U.S.C. § 157 Cited 3,300 times 97 Legal Analyses
Granting employees the right to engage in or refrain from engaging in union activity
Rule 615 - Excluding Witnesses from the Courtroom; Preventing an Excluded Witness's Access to Trial Testimony
Fed. R. Evid. 615 Cited 1,404 times 7 Legal Analyses
Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion
Section 1235 - Prior inconsistent statements
Cal. Evid. Code § 1235 Cited 960 times
Providing hearsay exception for prior inconsistent statements

Conley Trucking

25 Cited authorities

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

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."

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

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

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

Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence

Concluding that "[i]n this case, timing is everything," where "[t]he closing of the department comes on the heels of the union's organizational activity," including filing a petition for a representation election

Holding that the Board did not properly analyze Gissel in reaching a determination that mandatory bargaining was an appropriate remedy

Holding that such a statement must merely be made by the party and offered against that party

Granting employees a wage increase without bargaining with Local 355

Granting employees the right to engage in or refrain from engaging in union activity

Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion

Providing hearsay exception for prior inconsistent statements