Continental Radiator Corp. And Great Lake, Inc.

8 Cited authorities

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."
Radio Union v. Broadcast Serv
380 U.S. 255 (1965) Cited 326 times
Holding that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the National Labor Relations Act
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
Nat'l Labor Relations Bd. v. Browning-Ferris Industries of Pennsylvania, Inc.
691 F.2d 1117 (3d Cir. 1982) Cited 339 times 16 Legal Analyses
Holding that joint employer situation exists only when "two or more employers exert significant control over the same employees . . . [where] they share or co-determine those matters governing essential terms and conditions of employment"
Fugazy Continental Corp. v. N.L.R.B
725 F.2d 1416 (D.C. Cir. 1984) Cited 23 times
Affirming alter ego finding where only portion of company's operations were shut and transferred to a new, "sham" company established to perform the same work
McGraw-Edison Company v. N.L.R.B
419 F.2d 67 (8th Cir. 1969) Cited 33 times
No. 19429. December 4, 1969. Paul S. Kuelthau, of Moller, Talent Kuelthau, St. Louis, for petitioner and filed brief and reply brief. John D. Burgoyne, Atty., N.L.R.B., Washington, D.C., for respondent; Arnold Ordman, Gen. Counsel, N.L.R.B., Dominick L. Manoli, Associate Gen. Counsel, N.L.R.B., Marcel Mallet-Prevost, Asst. General Counsel, N.L.R.B., and Robertamarie Kiley, Atty., N.L.R.B., were on the brief with Mr. Burgoyne. Charles A. Werner, St. Louis, Mo., for intervenor; Gibson Langsdale, Kansas
Champion Parts Rebuilders, Inc. v. N.L.R.B
717 F.2d 845 (3d Cir. 1983) Cited 10 times
Finding that employer violated § 8 by discharging employee in retaliation for filing grievances
N.L.R.B. v. Gibraltar Industries, Inc.
307 F.2d 428 (4th Cir. 1962) Cited 13 times
Granting enforcement petition based on finding that "there is substantial evidence in the record to support the Board's conclusion" viewing the "separate legal entities as a single employing enterprise"

Continental Radiator Corp. And Great Lake, Inc.

8 Cited authorities

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 that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the National Labor Relations Act

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

Holding that joint employer situation exists only when "two or more employers exert significant control over the same employees . . . [where] they share or co-determine those matters governing essential terms and conditions of employment"

Affirming alter ego finding where only portion of company's operations were shut and transferred to a new, "sham" company established to perform the same work

Finding that employer violated § 8 by discharging employee in retaliation for filing grievances

Granting enforcement petition based on finding that "there is substantial evidence in the record to support the Board's conclusion" viewing the "separate legal entities as a single employing enterprise"