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FiveCAP, Inc.

17 Cited authorities

  1. 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."

  2. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 445 times   1 Legal Analyses
    Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

  3. 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

  4. 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

  5. N.L.R.B. v. McCullough Environmental Serv

    5 F.3d 923 (5th Cir. 1993)   Cited 98 times
    Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat

  6. Munir v. Scott

    12 F.3d 213 (6th Cir. 1993)   Cited 19 times
    Listing substantially similar factors

  7. N.L.R.B. v. Oakes Mach. Corp.

    897 F.2d 84 (2d Cir. 1990)   Cited 22 times   1 Legal Analyses
    Listing reasonableness as one of four factors in determining whether the termination of supervisors affected terms and conditions of employees

  8. Pergament United Sales, Inc. v. N.L.R.B

    920 F.2d 130 (2d Cir. 1990)   Cited 20 times   9 Legal Analyses
    Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"

  9. Blue Circle Cement Co., Inc. v. N.L.R.B

    41 F.3d 203 (5th Cir. 1994)   Cited 5 times
    In Blue Circle, we held that an employee's use of the company copy machine to duplicate articles protesting the company's proposed burning of hazardous waste was concerted activity.

  10. Crestline Memorial Hosp. Ass'n, v. N.L.R.B

    668 F.2d 243 (6th Cir. 1982)   Cited 16 times
    In Crestline Memorial Hospital Association v. NLRB, 668 F.2d 243 (6th Cir. 1982), the hospital claimed exemption from the NLRA under the political subdivision exception.

  11. Section 501 - Exemption from tax on corporations, certain trusts, etc

    26 U.S.C. § 501   Cited 3,295 times   317 Legal Analyses
    Granting tax-exempt status to qualified pension plans

  12. Section 9904 - Establishment of block grant program

    42 U.S.C. § 9904   Cited 12 times

    The Secretary is authorized to establish a community services block grant program and make grants through the program to States to ameliorate the causes of poverty in communities within the States. 42 U.S.C. § 9904 Pub. L. 97-35, title VI, §675, as added Pub. L. 105-285, title II, §201, Oct. 27, 1998, 112 Stat. 2730. EDITORIAL NOTES PRIOR PROVISIONSA prior section 9904, Pub. L. 97-35, title VI, §675, Aug. 13, 1981, 95 Stat. 513; Pub. L. 97-115, §17(a)(2), (b), Dec. 29, 1981, 95 Stat. 1609; Pub. L