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Fluor Daniel, Inc.

304 N.L.R.B. 970 (N.L.R.B. 1991)
Fluor Daniel, Inc.

10 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. Phelps Dodge Corp. v. Labor Board

    313 U.S. 177 (1941)   Cited 873 times
    Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

  3. Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.

    388 U.S. 26 (1967)   Cited 323 times   8 Legal Analyses
    Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

  4. 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

  5. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

  6. Holo-Krome Co. v. N.L.R.B

    907 F.2d 1343 (2d Cir. 1990)   Cited 14 times
    Holding the Board's use of employer's protected expressions of opinion against union as a basis for finding animus to be contrary to section 8(c)

  7. N.L.R.B. v. Elias Brothers Big Boy, Inc.

    327 F.2d 421 (6th Cir. 1964)   Cited 38 times
    Reversing credibility finding where examiner "credited the testimony of a highly prejudiced and interested witness and discredited the testimony of all witnesses to the contrary"

  8. H.B. Zachry Co. v. N.L.R.B

    886 F.2d 70 (4th Cir. 1989)   Cited 8 times
    In H.B. Zachry Co. v. NLRB, 886 F.2d 70, 72 (4th Cir. 1989), the Fourth Circuit, joining the Sixth Circuit, NLRB v. Elias Brothers Big Boy, Inc., 327 F.2d 421, 427 (6th Cir. 1964), held that a union organizer is not a bona fide employee within the meaning of section 2(3). Zachry had refused to hire a paid full-time union organizer who had applied for work, upon the union's instruction, to organize Zachry's employees. Had the organizer been hired, he would have remained concurrently employed and supervised by the union.

  9. National Fabricators, Inc. v. N.L.R.B

    903 F.2d 396 (5th Cir. 1990)   Cited 3 times

    No. 89-4718. June 19, 1990. Murphy J. Foster, III, Breazeale, Sachse Wilson, Baton Rouge, La., for petitioner, cross-respondent. Paul J. Spielberg and Aileen Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for respondent, cross-petitioner. Joseph G. Norton, Acting Director, Labor Relations Bd., New Orleans, La., for other interested parties. Petition for Review and Cross Application for Enforcement of an Order of the National Labor Relations Board. Before THORNBERRY, GEE, and

  10. Morgan Precision Parts v. N.L.R.B

    444 F.2d 1210 (5th Cir. 1971)   Cited 8 times

    No. 30234. July 15, 1971. Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board (Alabama Case). A.H. Gaede, Jr., John J. Coleman, Jr., Birmingham, Ala., Bradley, Arant, Rose White, Birmingham, Ala., of counsel, for petitioner. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., Walter C. Phillips, Atlanta, Ga., Allen H. Feldman, Atty., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Elliott Moore, Atty