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Crossing Rehabilitation Services

29-CA-036943 (N.L.R.B. Sep. 25, 2006)
Crossing Rehabilitation Services

11 Cited authorities

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

    462 U.S. 393 (1983)   Cited 657 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. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,036 times   71 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

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

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  4. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

  5. Hendrix Manufacturing Company v. N.L.R.B

    321 F.2d 100 (5th Cir. 1963)   Cited 91 times
    Permitting the Board to consider the employer's clear expression of opposition to the union as background in order to determine motivation for management's conduct

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

    760 F.2d 1006 (9th Cir. 1985)   Cited 26 times   6 Legal Analyses
    Affirming Rossmore House, 269 NLRB 1176

  7. Automobile Salesmen's Union v. N.L.R.B

    711 F.2d 383 (D.C. Cir. 1983)   Cited 26 times
    Summarizing post-1982 standard for finding violations of the Act in disciplinary actions taken against supervisors

  8. N.L.R.B. v. Ridgeway Trucking Co.

    622 F.2d 1222 (5th Cir. 1980)   Cited 24 times
    In NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1223-24 (5th Cir. 1980), we stated that "[t]he test of whether an employee was discharged depends upon the reasonable inferences that the employees could draw from the language used by the employer."

  9. N.L.R.B. v. Wilhow Corp.

    666 F.2d 1294 (10th Cir. 1981)   Cited 16 times
    Noting that "[a]n unlawful termination of an employee under § 8 may raise a question in determining whether a fair election can be held"

  10. N.L.R.B. v. Trumbull Asphalt Co. of Delaware

    327 F.2d 841 (8th Cir. 1964)   Cited 31 times
    Holding that "[t]he fact of discharge . . . does not depend on the use of formal words of firing. It is sufficient if the words or actions of the employer 'would logically lead a prudent person to believe his tenure had been terminated.'"