Nat'l Labor Relations Bd. v. Transportation Management Corp.

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."

Republic Aviation Corp. v. Board

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Labor Board v. Burnup Sims

Finding violation of § 8 "whatever the employer's motive"

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

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

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

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."

N.L.R.B. v. Clinton Electronics Corp.

Ruling that a written warning submitted to an employee for soliciting another employee to join a union violated § 8 because the employer enforced its no-solicitation rule discriminatorily

N.L.R.B. v. Mini-Togs, Inc.

Hotel Emp. Restaurant Emp. Un. v. N.L.R.B

Affirming Rossmore House, 269 NLRB 1176

McGaw of Puerto Rico, Inc. v. N.L.R.B

Holding that the NLRB is entitled to summary affirmance of the Board's findings of § 8 violations because the petitioner failed to challenge them