GenOn West, LP, fomerly known as Reliant Energy aka Etiwanda LLC

20 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."
Nat'l Labor Relations Bd. v. Wyman-Gordon Co.
394 U.S. 759 (1969) Cited 809 times 3 Legal Analyses
Holding invalid a legislative rule developed in agency adjudication
Hudgens v. Nat'l Labor Relations Bd.
424 U.S. 507 (1976) Cited 543 times 1 Legal Analyses
Holding picketers "did not have a First Amendment right to enter [a privately owned] shopping center for the purpose of advertising their strike"
Lechmere, Inc. v. Nat'l Labor Relations Bd.
502 U.S. 527 (1992) Cited 156 times 18 Legal Analyses
Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent
Eastex, Inc. v. Nat'l Labor Relations Bd.
437 U.S. 556 (1978) Cited 196 times 13 Legal Analyses
Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
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"
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Labor Board v. Babcock Wilcox Co.
351 U.S. 105 (1956) Cited 294 times 19 Legal Analyses
Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot
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
Labor Board v. Burnup Sims
379 U.S. 21 (1964) Cited 106 times 21 Legal Analyses
Finding violation of § 8 "whatever the employer's motive"

GenOn West, LP, fomerly known as Reliant Energy aka Etiwanda LLC

20 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 invalid a legislative rule developed in agency adjudication

Holding picketers "did not have a First Amendment right to enter [a privately owned] shopping center for the purpose of advertising their strike"

Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent

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"

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot

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

Finding violation of § 8 "whatever the employer's motive"