Fritz Companies

9 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."
Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 731 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
First National Maintenance Corp. v. Nat'l Labor Relations Bd.
452 U.S. 666 (1981) Cited 269 times 16 Legal Analyses
Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons
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
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
Bourne v. N.L.R.B
332 F.2d 47 (2d Cir. 1964) Cited 93 times 1 Legal Analyses
In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.
N.L.R.B. v. Stor-Rite Metal Products, Inc.
856 F.2d 957 (7th Cir. 1988) Cited 25 times
Asking rhetorically, "[i]f Stor-Rite acted with retaliatory intent, then why did it delay the full impact of its retaliation until months" after the protected conduct?
Cooper Tire Rubber Co. v. N.L.R.B
957 F.2d 1245 (5th Cir. 1992) Cited 10 times
In Cooper Tire, 957 F.2d at 1250, the Fifth Circuit recognized the difficulty in terms such as "working time" and "work areas," but rejected the employer's argument that these difficulties justified a blanket prohibition on all soliciting except in the break room itself.
Ciba-Geigy Pharmaceuticals Div. v. N.L.R.B
722 F.2d 1120 (3d Cir. 1983) Cited 17 times
In Ciba-Geigy Pharmaceuticals Division v. NLRB, 722 F.2d 1120 (3d Cir. 1983), the court rejected an argument that an "extracontractual residual rights" theory allowed imposition of attendance rules.

Fritz Companies

9 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 that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons

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

Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat

In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

Asking rhetorically, "[i]f Stor-Rite acted with retaliatory intent, then why did it delay the full impact of its retaliation until months" after the protected conduct?

In Cooper Tire, 957 F.2d at 1250, the Fifth Circuit recognized the difficulty in terms such as "working time" and "work areas," but rejected the employer's argument that these difficulties justified a blanket prohibition on all soliciting except in the break room itself.

In Ciba-Geigy Pharmaceuticals Division v. NLRB, 722 F.2d 1120 (3d Cir. 1983), the court rejected an argument that an "extracontractual residual rights" theory allowed imposition of attendance rules.