Harrah'S Marina Hotel And Casino

23 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."
Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
Labor Board v. Insurance Agents
361 U.S. 477 (1960) Cited 324 times 2 Legal Analyses
Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"
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. American Ins. Co.
343 U.S. 395 (1952) Cited 269 times
Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"
American Federation of Television & Radio Artists v. Nat'l Labor Relations Bd.
395 F.2d 622 (D.C. Cir. 1968) Cited 102 times 1 Legal Analyses
Applying Taft
Nat'l Labor Relations Bd. v. Reed Prince MFG
205 F.2d 131 (1st Cir. 1953) Cited 118 times
In Reed Prince, supra, this court affirmed the Board's finding of refusal to bargain in good faith only "[a]fter an attentive review of the entire record of the bargaining negotiations."
N.L.R.B. v. A-1 King Size Sandwiches, Inc.
732 F.2d 872 (11th Cir. 1984) Cited 33 times 1 Legal Analyses
Listing mandatory subjects of bargaining
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
N.L.R.B. v. Eagle Material Handling, Inc.
558 F.2d 160 (3d Cir. 1977) Cited 36 times
In Eagle Material, we held that a company violated the NLRA when it terminated an unpopular supervisor shortly before the union's representation election.

Harrah'S Marina Hotel And Casino

23 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 "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"

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

Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"

Applying Taft

In Reed Prince, supra, this court affirmed the Board's finding of refusal to bargain in good faith only "[a]fter an attentive review of the entire record of the bargaining negotiations."

Listing mandatory subjects of bargaining

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

In Eagle Material, we held that a company violated the NLRA when it terminated an unpopular supervisor shortly before the union's representation election.