Nat'l Labor Relations Bd. v. Transportation Management Corp.

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.

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

Labor Board v. Walton Mfg. Co.

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

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

Labor Board v. Link-Belt Co.

Finding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"

Goins v. Bethlehem Steel Corp.

Noting that business records and minutes are routinely furnished to governmental authorities conducting criminal investigations

McEwen Manufacturing Co. v. National Labor Rel. Board

N.L.R.B. v. Armcor Industries, Inc.

Denying enforcement of bargaining orders

Justak Bros. and Co., Inc. v. N.L.R.B

Disallowing an employer to seize upon turnover, for otherwise "an employer could engage in a scheme of unfair labor practices and yet escape a bargaining order by delaying and waiting for employee turnover"

N.L.R.B. v. Garry Mfg. Co.

Holding that predictions of strikes are not threats and are permissible if they are based on objective facts and are outside the employer's control

Section 6621 - Determination of rate of interest

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions