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

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."

National Labor Rel. B. v. Kentucky R. Comm. C

Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

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

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

Laurel Baye Healthcare of Lake Lanier, Inc. v. Nat'l Labor Relations Bd.

Holding that two-member NLRB cannot issue decisions

Snell Island SNF LLC v. Nat'l Labor Relations Bd.

In Snell Island SNF LLC v. National Labor Relations Board, 568 F.3d 410 (2d Cir. 2009), we held that two Board members may exercise the Board's authority in such circumstances as a quorum of a three-member delegate group, overridden that holding in New Process Steel, L.P. v. National Labor Relations Board, ___ U.S. ___, 130 S.Ct. 2635, ___ L.Ed.2d ___, 2010 WL 2400089 (2010).

New Process Steel, L.P. v. N.L.R.B

In New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit concluded that a two-member panel of the NLRB — the same panel that adjudicated the instant case — "had authority to hear the labor dispute," id. at 848.

Northeastern Land v. National Labor Relations

In Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), the court held that, "[t]he Board's delegation of its institutional power to a panel that ultimately consisted of a two-member quorum because of a vacancy was lawful under the plain text of section 3(b)."

Narricot Indus. v. N.L.R.B

Holding that two-member NLRB can issue decisions

N.L.R.B. v. Limestone Apparel Corp.