Demza Masonry, LLC
5 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 656 times 11 Legal AnalysesHolding 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."
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 timesExplaining 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"
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 AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
King Soopers, Inc. v. Nat'l Labor Relations Bd.
859 F.3d 23 (D.C. Cir. 2017) Cited 5 timesNo. 16-1316 C/w 16-1367 06-09-2017 KING SOOPERS, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Raymond M. Deeny, Colorado Springs, CO, argued the cause for petitioner. With him on the briefs was Jonathon M. Watson, Denver, CO. Amy H. Ginn, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Richard F. Griffin, Jr., General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Robert
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 timesUpholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination