§
DPI New England

21 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. Republic Aviation Corp. v. Board

    324 U.S. 793 (1945)   Cited 495 times   34 Legal Analyses
    Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

  3. 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

  4. 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"

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

    564 F.3d 469 (D.C. Cir. 2009)   Cited 30 times   2 Legal Analyses
    Holding that two-member NLRB cannot issue decisions

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

    568 F.3d 410 (2d Cir. 2009)   Cited 19 times   1 Legal Analyses
    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).

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

    564 F.3d 840 (7th Cir. 2009)   Cited 15 times   4 Legal Analyses
    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.

  8. Northeastern Land v. National Labor Relations

    560 F.3d 36 (1st Cir. 2009)   Cited 14 times   2 Legal Analyses
    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)."

  9. Reno Hilton Resorts v. N.L.R.B

    196 F.3d 1275 (D.C. Cir. 1999)   Cited 23 times
    Concluding that "[t]he timing of the decision to contract out is suspect" where it "came on the heels of heavy union activity" and the employer knew of the purported rationale for its subcontracting decision long before it implemented that decision

  10. Davis Supermarkets, Inc. v. N.L.R.B

    2 F.3d 1162 (D.C. Cir. 1993)   Cited 30 times   1 Legal Analyses
    Affirming bargaining order where company's "large number of unfair labor practices, . . . committed by some of the top officials in the company, and . . . directed at numerous employees . . . instilled a strong fear of union representation in the employees."