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."
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
465 U.S. 822 (1984) Cited 206 times 9 Legal Analyses
Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection
In NLRB v. Interboro Contractors, Inc., 388 F.2d 495, 500 (2d Cir. 1967), the Court of Appeals for the Second Circuit stated that the efforts of an individual employee acting alone to enforce the provisions of a collective bargaining agreement may be deemed "concerted," and thus protected, at least when the individual's interpretation of the agreement has a reasonable basis.
In Amber and Seven-Up, we found the fact of truck ownership a significant (though not in itself controlling) factor suggesting independent contractor status.
Concluding that knowledge possessed by union members was not attributable to union because there was no evidence in the record that the members were agents of the union
In NLRB v. Preston H. Haskell Co., 616 F.2d 136 (5th Cir. 1980), the panel filed three separate opinions, and two of those opinions expressly reject the argument Dependable makes here.
In Walker Die Casting, Inc. v. NLRB, 682 F.2d 592 (6th Cir. 1982), cert. denied, ___ U.S. ___, 103 S.Ct. 1875, 76 L.Ed.2d 807 (1983), we stated that "the mere filing of a decertification petition is of itself insufficient justification" for withdrawal. Citing, Rogers Manufacturing Co. v. NLRB, 486 F.2d 644 (6th Cir. 1973), cert. denied, 416 U.S. 937, 94 S.Ct. 1937, 40 L.Ed.2d 288 (1974).
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"