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Facchina Construction Co.

343 N.L.R.B. 886 (N.L.R.B. 2004)
Facchina Construction Co.

12 Cited authorities

  1. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,389 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  2. 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."

  3. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  4. Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America

    511 U.S. 571 (1994)   Cited 97 times   2 Legal Analyses
    Holding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"

  5. 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

  6. Turnbull Cone Baking Co. v. N.L.R.B

    778 F.2d 292 (6th Cir. 1985)   Cited 51 times
    In Turnbull Cone, we unequivocally established that "[c]ircumstantial evidence alone may be sufficient" to prove a section 8(a)(3) transgression.

  7. Nat'l Labor Relations Bd. v. Adco Electric Inc.

    6 F.3d 1110 (5th Cir. 1993)   Cited 20 times
    Holding that employee "recommend[ing] someone for hire and [bringing] problems with apprentice employees to the attention of [his superior] is nothing more than what [the employer] would expect from experienced employees"

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

    760 F.2d 1006 (9th Cir. 1985)   Cited 26 times   6 Legal Analyses
    Affirming Rossmore House, 269 NLRB 1176

  9. Bryant Stratton Bus. v. National Labor rel

    140 F.3d 169 (2d Cir. 1998)   Cited 8 times
    Holding that the employer did not violate the Act where its required use of a sign-in board was a "reaffirmation of its previous policy and not a change in the employee's terms and conditions of employment of unit employees"

  10. N.L.R.B. v. Laredo Coca Cola Bottling Co.

    613 F.2d 1338 (5th Cir. 1980)   Cited 19 times
    Finding that invitations to employees to disclose their union activities and sympathies constitute interrogation

  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