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34-CA-012705 (N.L.R.B. May. 4, 2011)
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27 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. Letter Carriers v. Austin

    418 U.S. 264 (1974)   Cited 611 times   5 Legal Analyses
    Holding that a union newsletter's description of a “scab” as a “traitor” could not be construed as a factual assertion

  3. Metropolitan Edison Co. v. Nat'l Labor Relations Bd.

    460 U.S. 693 (1983)   Cited 314 times   8 Legal Analyses
    Holding that a union may, under certain circumstances, waive members' NLRA rights

  4. Nat'l Labor Relations Bd. v. Allis-Chalmers Manufacturing Co.

    388 U.S. 175 (1967)   Cited 335 times
    Holding that majority rule concept is at the center of federal labor policy

  5. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  6. Nat'l Labor Relations Bd. v. Natural Gas Utility District

    402 U.S. 600 (1971)   Cited 187 times   32 Legal Analyses
    Holding utility district was political subdivision under that standard

  7. 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

  8. Labor Board v. Burnup Sims

    379 U.S. 21 (1964)   Cited 106 times   21 Legal Analyses
    Finding violation of § 8 "whatever the employer's motive"

  9. Nat'l Labor Relations Bd. v. Magnavox Co. of Tennessee

    415 U.S. 322 (1974)   Cited 76 times
    In Magnavox, the Board changed its bifurcated rule and adopted the Eighth Circuit's view that the union had no power to waive employee distribution rights on behalf of either itself or another union.

  10. Douglas v. Argo-Tech Corporation

    113 F.3d 67 (6th Cir. 1997)   Cited 114 times   4 Legal Analyses
    Finding employee who handled employee grievances was an exempt administrative employee