Ed Morse Auto Park

8 Cited authorities

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."
Nat'l Labor Relations Bd. v. Financial Institution Employees, Local 1182
475 U.S. 192 (1986) Cited 76 times 1 Legal Analyses
Holding that labor law prohibits the assignment or transfer of a collective bargaining agreement against the wishes of the workers for whom the agreement provides representation
Southwire Co. v. N.L.R.B
820 F.2d 453 (D.C. Cir. 1987) Cited 26 times
Holding that absence of evidence that employer discharged any other employee for similar violation supported finding of pretext
N.L.R.B. v. Great Western Coca-Cola Bottling
740 F.2d 398 (5th Cir. 1984) Cited 16 times
Holding that a supervisor's statement to employee that he knew employee's co-workers were union members created impression that company was engaged in surveillance, exacerbated the coercive effect of the interrogation, and constituted an independent violation of § 8
May Dept. Stores Co. v. N.L.R.B
897 F.2d 221 (7th Cir. 1990) Cited 10 times
Observing that the Board compares pre- and post-merger unions for continuity by looking to the "structure, administration, officers, assets, membership, autonomy, by-laws, size, and territorial jurisdiction, with an eye toward changes in the rights and obligations of the union's leadership and membership, and in the relationships between the putative bargaining agent, its affiliate, and the employer"
N.L.R.B. v. Walker Const. Co.
928 F.2d 695 (5th Cir. 1991) Cited 4 times
No. 90-4264. April 15, 1991. Howard E. Perlstein, Paul Hitterman, Aileen Armstrong, Deputy Assoc. Gen. Counsel, N.L.R.B., Washington, D.C., for petitioner. Larry W. Wilshire, Richard W. Wiseman, Brown, Herman, Scott, Dean Miles, Ft. Worth, Tex., for respondent. James Walker, Ft. Worth, Tex., for Walker Const. Co. Application for Enforcement of an Order of the National Labor Relations Board. Before CLARK, Chief Judge, RONEY, and DUHE, Circuit Judges. Circuit Judge of the Eleventh Circuit, sitting
Nat'l Labor Relations Bd. v. Edward G. Budd Mfg. Co.
169 F.2d 571 (6th Cir. 1948) Cited 46 times
In NLRB v. Budd Mfg. Co., 169 F.2d 571, 577 (6th Cir. 1945), cert. denied, 335 U.S. 905, 69 S.Ct. 411, 93 L.Ed. 441 (1949), the Sixth Circuit Court of Appeals specifically rejected the notion that the protection afforded by the National Labor Relations Act is a constitutional right.
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,873 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Ed Morse Auto Park

8 Cited authorities

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."

Holding that labor law prohibits the assignment or transfer of a collective bargaining agreement against the wishes of the workers for whom the agreement provides representation

Holding that absence of evidence that employer discharged any other employee for similar violation supported finding of pretext

Holding that a supervisor's statement to employee that he knew employee's co-workers were union members created impression that company was engaged in surveillance, exacerbated the coercive effect of the interrogation, and constituted an independent violation of § 8

In NLRB v. Budd Mfg. Co., 169 F.2d 571, 577 (6th Cir. 1945), cert. denied, 335 U.S. 905, 69 S.Ct. 411, 93 L.Ed. 441 (1949), the Sixth Circuit Court of Appeals specifically rejected the notion that the protection afforded by the National Labor Relations Act is a constitutional right.

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions