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Elko General Hospital

347 N.L.R.B. 1425 (N.L.R.B. 2006)
Elko General Hospital

17 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. Eastex, Inc. v. Nat'l Labor Relations Bd.

    437 U.S. 556 (1978)   Cited 196 times   13 Legal Analyses
    Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity

  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. Tripoli Co., Inc. v. Wella Corp.

    400 U.S. 831 (1970)   Cited 137 times
    Declining to review under Hobbs Act district court's exercise of jurisdiction of claim against Federal Communications Commission because plaintiff-appellant had also filed timely petitions for review with court of appeals

  5. Providence Alaska Medical Center v. N.L.R.B

    121 F.3d 548 (9th Cir. 1997)   Cited 26 times   2 Legal Analyses
    Holding that charge nurses were not statutory supervisors

  6. Cadbury Beverages v. N.L.R.B

    160 F.3d 24 (D.C. Cir. 1998)   Cited 20 times
    Holding that it was “not incumbent on the general counsel to prove, nor on the Board to find, that the company's asserted nondiscriminatory reason of insubordination was pretextual ... although such a showing would have served as a conclusive rejection of [the company's] affirmative defense”

  7. Citizens Inv. Servs. Corp. v. N.L.R.B

    430 F.3d 1195 (D.C. Cir. 2005)   Cited 12 times
    Rejecting an employer's proffered “affirmative defenses” for a disciplinary decision, in part, because “there was substantial evidence” that they were “pretextual”

  8. Beverly Enterprises-Massachusetts, Inc. v. Nat'l Labor Relations Bd.

    165 F.3d 960 (D.C. Cir. 1999)   Cited 17 times
    Concluding that charge nurses were not supervisors

  9. N.L.R.B. v. St. Francis Hospital of Lynwood

    601 F.2d 404 (9th Cir. 1979)   Cited 40 times
    Coordinating rest periods and meals off was more clerical than supervisory

  10. N.L.R.B. v. Bakers of Paris, Inc.

    929 F.2d 1427 (9th Cir. 1991)   Cited 24 times
    Noting that "burden of proving supervisory status rests upon the party asserting it"

  11. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,317 times   84 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  12. Rule 615 - Excluding Witnesses from the Courtroom; Preventing an Excluded Witness's Access to Trial Testimony

    Fed. R. Evid. 615   Cited 1,404 times   7 Legal Analyses
    Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion