Fairfax Hospital

19 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. 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"
Beth Israel Hospital v. Nat'l Labor Relations Bd.
437 U.S. 483 (1978) Cited 220 times 5 Legal Analyses
Holding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Hunter Douglas, Inc. v. N.L.R.B
804 F.2d 808 (3d Cir. 1986) Cited 423 times
Timing and departure from past practice indicates unlawful motive
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
Nat'l Labor Relations Bd. v. Browning-Ferris Industries of Pennsylvania, Inc.
691 F.2d 1117 (3d Cir. 1982) Cited 339 times 16 Legal Analyses
Holding that joint employer situation exists only when "two or more employers exert significant control over the same employees . . . [where] they share or co-determine those matters governing essential terms and conditions of employment"
Regents of Univ. of Cal. v. Public Empl. Rel. Bd.
485 U.S. 589 (1988) Cited 26 times
Rejecting the argument that a general state policy of promoting harmonious labor relations permitted a state university to consider the communications of a union attempting to organize its workers as university business
Labor Board v. Steelworkers
357 U.S. 357 (1958) Cited 72 times
In United Steelworkers, the Court warned that the NLRA "does not command that labor organizations as a matter of abstract law, under all circumstances, be protected in the use of every possible means of reaching the minds of individual workers, nor that they are entitled to use a medium of communication simply because the employer is using it."
St. Francis Federation of Nurses & Health Professionals v. Nat'l Labor Relations Bd.
729 F.2d 844 (D.C. Cir. 1984) Cited 30 times
Stating that "holding a rerun election simply because of the passage of time rewards employer recalcitrance and offers no deterrence to future unfair labor practices"

Fairfax Hospital

19 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 a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Timing and departure from past practice indicates unlawful motive

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Holding that joint employer situation exists only when "two or more employers exert significant control over the same employees . . . [where] they share or co-determine those matters governing essential terms and conditions of employment"

Rejecting the argument that a general state policy of promoting harmonious labor relations permitted a state university to consider the communications of a union attempting to organize its workers as university business

Stating that "holding a rerun election simply because of the passage of time rewards employer recalcitrance and offers no deterrence to future unfair labor practices"