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Corner Investment Company, LLC d/b/a The Cromwell

28-CA-209739 (N.L.R.B. Oct. 10, 2018)
Corner Investment Company, LLC d/b/a The Cromwell

7 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. 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"

  3. W.F. Bolin Co. v. N.L.R.B

    70 F.3d 863 (6th Cir. 1995)   Cited 48 times
    Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues

  4. 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

  5. Torbitt Castleman v. Nat'l Labor Relations Bd.

    123 F.3d 899 (6th Cir. 1997)   Cited 17 times
    Stating that an employee's subjective reaction does not render the challenged conduct unlawful

  6. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

  7. Mushroom Transportation Company v. N.L.R.B

    330 F.2d 683 (3d Cir. 1964)   Cited 48 times
    In Mushroom Transportation Co. v. NLRB, 330 F.2d 683, 685 (3d Cir. 1964), we held that to qualify as concerted activity "it must appear at the very least that [the conduct] was engaged in with the object of initiating or inducing or preparing for group action or that it had some relation to group action in the interest of the employees."