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."
420 U.S. 251 (1975) Cited 434 times 64 Legal Analyses
Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness
Holding that union could not expel member because he filed unfair labor practice charge against it without first exhausting internal remedies as provided in union constitution
In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.
Finding no dispute as to the "fundamental principle of hornbook agency law" that governed, and applying the "two fairly conflicting views" standard only to the Board's application of the law to the facts