Frye Electric, Inc.

14 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,526 times 22 Legal Analyses
Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"
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."
Sure-Tan, Inc. v. Nat'l Labor Relations Bd.
467 U.S. 883 (1984) Cited 416 times 3 Legal Analyses
Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge
Nat'l Labor Relations Bd. v. Town & Country Electric, Inc.
516 U.S. 85 (1995) Cited 85 times 10 Legal Analyses
Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"
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
Windward Partners v. Ariyoshi
461 U.S. 906 (1983) Cited 64 times 2 Legal Analyses
No. 82-1529. April 25, 1983, October TERM, 1982. C.A. 9th Cir. Certiorari denied. Reported below: 693 F. 2d 928.
N.L.R.B. v. G T Terminal Packaging Co.
246 F.3d 103 (2d Cir. 2001) Cited 37 times
Holding restoration order to be unduly burdensome because company did not have enough space to accommodate the disputed work operation
N.L.R.B. v. American Geri-Care, Inc.
697 F.2d 56 (2d Cir. 1982) Cited 69 times
Holding that an inference of anti-union animus is “proper when the timing of the employer's actions is ‘stunningly obvious' ”
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.
Town & Country Electric, Inc. v. Nat'l Labor Relations Bd.
106 F.3d 816 (8th Cir. 1997) Cited 21 times
Noting the great deference we afford the Board's affirmation of an ALJ's findings

Frye Electric, Inc.

14 Cited authorities

Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

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 NLRB could order reinstatement with back pay as a remedy for constructive discharge

Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"

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

Holding restoration order to be unduly burdensome because company did not have enough space to accommodate the disputed work operation

Holding that an inference of anti-union animus is “proper when the timing of the employer's actions is ‘stunningly obvious' ”

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.

Noting the great deference we afford the Board's affirmation of an ALJ's findings