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HAYWARD SISTERS HOSPITAL D/B/A ST. ROSE HOSPITAL

32-CA-197728 (N.L.R.B. May. 17, 2019)
HAYWARD SISTERS HOSPITAL D/B/A ST. ROSE HOSPITAL

29 Cited authorities

  1. 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."

  2. 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

  3. 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

  4. Nat'l Labor Relations Bd. v. Relco Locomotives, Inc.

    734 F.3d 764 (8th Cir. 2013)   Cited 95 times
    Holding that a challenge to the composition of the National Labor Relations Board under the Recess Appointments Clause was not jurisdictional and could be forfeited if not raised to the Board

  5. Nat'l Labor Relations Bd. v. Scrivener

    405 U.S. 117 (1972)   Cited 83 times
    Holding that protection from retaliation for "fil[ing] charges or giv[ing] testimony" under the National Labor Relations Act extends to an employee who gave a written sworn statement to an NLRB examiner

  6. Inova Health Sys. v. Nat'l Labor Relations Bd.

    795 F.3d 68 (D.C. Cir. 2015)   Cited 28 times
    Doubting that a company fired its employee for her unprofessional conduct, as it claimed, when that company's investigation into her behavior was "one-sided" and incomplete

  7. Blakeman v. Walt Disney Company

    613 F. Supp. 2d 288 (E.D.N.Y. 2009)   Cited 25 times
    Finding personal jurisdiction existed on a motion for summary judgment where the plaintiffs had alleged that the defendants supplied the plaintiff's work to distributors with knowledge that the work would be disseminated in the forum state

  8. N.L.R.B. v. Consolidated Bus Transit

    577 F.3d 467 (2d Cir. 2009)   Cited 16 times
    Interpreting similar language in 29 C.F.R. § 101.10 as meaning "that the Board's procedures are to be controlled by the Federal Rules of Civil Procedure as far as practicable" (cleaned up)

  9. 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.

  10. N.L.R.B. v. Interboro Contractors, Inc.

    388 F.2d 495 (2d Cir. 1967)   Cited 80 times   1 Legal Analyses
    In NLRB v. Interboro Contractors, Inc., 388 F.2d 495, 500 (2d Cir. 1967), the Court of Appeals for the Second Circuit stated that the efforts of an individual employee acting alone to enforce the provisions of a collective bargaining agreement may be deemed "concerted," and thus protected, at least when the individual's interpretation of the agreement has a reasonable basis.