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Emerald Correctional Management, L.L.C.

28-CA-188682 (N.L.R.B. Oct. 19, 2017)
Emerald Correctional Management, L.L.C.

14 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. Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLC

    127 F. Supp. 3d 156 (S.D.N.Y. 2015)   Cited 153 times   1 Legal Analyses
    Holding that it was proper to take judicial notice of online government records, and taking judicial notice of records from the websites of the Illinois Secretary of State, the Indiana Secretary of State, Medicare.gov, and the Westchester County clerk

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

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  4. N.L.R.B. v. Consolidated Bus Transit

    577 F.3d 467 (2d Cir. 2009)   Cited 16 times
    Interpreting similar language in 29 C.F.R. § 101.10 as meaning "that the Board's procedures are to be controlled by the Federal Rules of Civil Procedure as far as practicable" (cleaned up)

  5. Boch Imports, Inc. v. Nat'l Labor Relations Bd.

    826 F.3d 558 (1st Cir. 2016)   Cited 9 times
    Rejecting employer's reliance on W San Diego

  6. Guardsmark, LLC v. Nat'l Labor Relations Bd.

    475 F.3d 369 (D.C. Cir. 2007)   Cited 17 times   2 Legal Analyses
    Striking down rule that only allowed employees to complain internally

  7. Ready Mixed Concrete v. Nat. Lab. Rel. Bd.

    81 F.3d 1546 (10th Cir. 1996)   Cited 24 times
    Imputing supervisor's knowledge of employee's union activities to company where supervisor had anti-union animus, but acknowledging that decision-maker admitted he probably knew of employee's union activities

  8. Jackson Hosp. Corp. v. N.L.R.B

    647 F.3d 1137 (D.C. Cir. 2011)   Cited 6 times
    Explaining that “[l]ong ago” the NLRB “clarified” that an employee has no right to bring a witness to a meeting, the “sole purpose” of which is to deliver a predetermined warning

  9. Hyundai Am. Shipping Agency, Inc. v. Nat'l Labor Relations Bd.

    805 F.3d 309 (D.C. Cir. 2015)   Cited 2 times
    Declining to endorse the Board's "novel view" but holding that Hyundai's rule prohibiting discussion of all matters under investigation "was so broad and undifferentiated that the Board reasonably concluded that Hyundai did not present a legitimate business justification for it"

  10. Beverly Health and Rehabilitation v. N.L.R.B

    297 F.3d 468 (6th Cir. 2002)   Cited 11 times   1 Legal Analyses
    Finding substantial evidence in the record to support the NLRB's finding that an employer violated § 8 by suspending an employee because she engaged in protected union activities

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 30,215 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."