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9 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. Labor Board v. Burnup Sims

    379 U.S. 21 (1964)   Cited 106 times   21 Legal Analyses
    Finding violation of § 8 "whatever the employer's motive"
  3. Wal-Mart Stores, Inc. v. N.L.R.B

    400 F.3d 1093 (8th Cir. 2005)   Cited 9 times   5 Legal Analyses

    Nos. 03-3627, 03-3863. Submitted: December 15, 2004. Filed: March 14, 2005. Appeal from the National Labor Relations Board. J. Richard Hammett, argued, Houston, TX (Laurence E. Stuart and Liquita Lewis Thompson, on the brief), for petitioner/cross-respondent. Philip A. Hostak, argued, Washington DC (Charles Donnelly and Michael H. Carlin, on the NLRB brief), for respondent/cross-petitioner. D.P. Marshall Jr., argued, Jonesboro, AR, for Intervenor UFCW Local 1000. Before MELLOY, BRIGHT, and BOWMAN

  4. N.L.R.B. v. Cement Transport, Inc.

    490 F.2d 1024 (6th Cir. 1974)   Cited 35 times

    No. 73-1260. Argued October 17, 1973. Decided January 22, 1974. Rehearing Denied March 4, 1974. Lawrence Levien, N.L.R.B., for petitioner; Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Assistant Gen. Counsel, Alan D. Cirker, Attys., N.L.R.B., Washington, D.C., on brief. Louis E. Woolery, Louisville, Ky., for respondent; James U. Smith, Jr., Louisville, Ky., on brief. Before CELEBREZZE and MILLER, Circuit Judges, and O'SULLIVAN

  5. N.L.R.B. v. Chicago Metallic Corp.

    794 F.2d 527 (9th Cir. 1986)   Cited 14 times
    In Chicago Metallic, unlike the situation presented here, the employee at issue was assigned no manual chores and had the authority and discretion to take disciplinary action against employees.
  6. Corriveau Routhier Cement Block v. N.L.R.B

    410 F.2d 347 (1st Cir. 1969)   Cited 18 times   1 Legal Analyses

    No. 7194. May 5, 1969. Alan Hall, Manchester, N.H., with whom Richard C. Kohls and Wadleigh, Langdell Starr, Peters Dunn, Manchester, N.H., were on the brief, for petitionent. Robert E. Williams, Washington, D.C., Atty., with whom Arnold Ordman, General Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and William F. Wachter, Atty., were on the brief, for responder. Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges. McENTEE, Circuit Judge

  7. Nat'l Labor Relations Bd. v. Efco Manufacturing, Inc.

    227 F.2d 675 (1st Cir. 1955)   Cited 9 times
    In N.L.R.B. v. Efco Manufacturing Co., 227 F.2d 675, 676 (1st Cir.), cert. denied, 350 U.S. 1007, 76 S.Ct. 651, 100 L.Ed. 869 (1955), a striker's threat to beat up a plant manager was considered not egregious because the manager was not put in direct fear of a beating.
  8. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,339 times   88 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355
  9. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,219 times   28 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”