Desert Aggregates

10 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. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
  3. 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"
  4. Labor Board v. Parts Co.

    375 U.S. 405 (1964)   Cited 213 times   1 Legal Analyses
    Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”
  5. 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
  6. N.L.R.B. v. Jamaica Towing, Inc.

    632 F.2d 208 (2d Cir. 1980)   Cited 50 times
    Holding that "hallmark" violations of NLRA "include such employer misbehavior as the closing of a plant or threats of plant closure or loss of employment, the grant of benefits to employees, or the reassignment, demotion or discharge of union adherents" and lesser violations "include such employer misconduct as interrogating employees regarding their union sympathies, holding out a `carrot' of promised benefits, expressing anti-union resolve, threatening that unionization will result in decreased benefits, or suggesting that physical force might be used to exclude the union"
  7. FPC Holdings, Inc. v. Nat'l Labor Relations Bd.

    64 F.3d 935 (4th Cir. 1995)   Cited 23 times
    Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior
  8. Pergament United Sales, Inc. v. N.L.R.B

    920 F.2d 130 (2d Cir. 1990)   Cited 20 times   9 Legal Analyses
    Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"
  9. Goldtex, Inc. v. N.L.R.B

    14 F.3d 1008 (4th Cir. 1994)   Cited 16 times
    Holding that "Section 8 of the Act ensures that no employee may be discharged because of participation in union activities."
  10. N.L.R.B. v. Limestone Apparel Corp.

    705 F.2d 799 (6th Cir. 1982)   Cited 3 times

    No. 81-1693. October 29, 1982. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for petitioner. Jacob Oliner, Oliner Oliner, New York City, for respondent. Petition to Enforce an Order of the National Labor Relations Board. Before LIVELY, KRUPANSKY and WELLFORD, Circuit Judges. ORDER This cause comes before the Court upon the motion of the intervenor, International Ladies' Garment Workers' Union, for an order enforcing the order of the National Labor Relations Board in Limestone