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Diamond Electric Manufacturing Corp.

346 N.L.R.B. 857 (N.L.R.B. 2006)
Diamond Electric Manufacturing Corp.

21 Cited authorities

  1. Consolo v. Federal Maritime Comm'n

    383 U.S. 607 (1966)   Cited 3,613 times   1 Legal Analyses
    Holding that even if two inconsistent conclusions may be drawn from the evidence, the agency's interpretation may be supported by substantial evidence

  2. 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."

  3. 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"

  4. Fibreboard Corp. v. Labor Board

    379 U.S. 203 (1964)   Cited 731 times   7 Legal Analyses
    Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

  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. General Fabrications Corp.

    222 F.3d 218 (6th Cir. 2000)   Cited 25 times   1 Legal Analyses
    Finding the NLRB is entitled to summary enforcement of unchallenged portions of orders

  7. Nat'l Labor Relations Bd. v. Joy Recovery Tech

    134 F.3d 1307 (7th Cir. 1998)   Cited 28 times
    Concluding that "[i]n this case, timing is everything," where "[t]he closing of the department comes on the heels of the union's organizational activity," including filing a petition for a representation election

  8. 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"

  9. Fieldcrest Cannon v. National Labor Rela. Bd.

    97 F.3d 65 (4th Cir. 1996)   Cited 24 times   1 Legal Analyses
    Noting that demeanor is a factor in determining credibility

  10. ITT Automotive v. Nat'l Labor Relations Bd.

    188 F.3d 375 (6th Cir. 1999)   Cited 20 times
    Stating that an employer's deviation from past practices supports an inference of anti-union animus