Hedaya Brothers, Inc.

12 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. 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"
  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. 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
  5. Joy Silk Mills v. National Labor Rel. Board

    185 F.2d 732 (D.C. Cir. 1950)   Cited 162 times   2 Legal Analyses
    In Joy Silk the Court held that when an employer could have no doubt as to the majority status or when an employer refuses recognition of a union "due to a desire to gain time and to take action to dissipate the union's majority, the refusal is no longer justifiable and constitutes a violation of the duty to bargain set forth in section 8(a)(5) of the Act".
  6. 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."
  7. N.L.R.B. v. General Electric Company

    418 F.2d 736 (2d Cir. 1969)   Cited 63 times
    Offering better terms to union locals while bargaining with the unions' national bargaining representative
  8. N.L.R.B. v. Herman Sausage Co

    275 F.2d 229 (5th Cir. 1960)   Cited 79 times
    In NLRB v. Herman Sausage Co., 275 F.2d 229 (5th Cir. 1960), our circuit held that "generally speaking, the freedom to grant a unilateral wage increase "is limited to cases where there has been a bona fide but unsuccessful attempt to reach an agreement with the union, or where the union bears the guilt for having broken off relations.' NLRB v. Andrew Jergens Co., 9 Cir., 1949, 175 F.2d 130, 136, cert. denied, 338 U.S. 827, 70 S.Ct. 76, 94 L.Ed. 503.
  9. Electri-Flex Co. v. N.L.R.B

    570 F.2d 1327 (7th Cir. 1978)   Cited 34 times
    Holding that evidence supported finding that employer instituted new warning system to retaliate against the union
  10. Continental Insurance Company v. N.L.R.B

    495 F.2d 44 (2d Cir. 1974)   Cited 27 times
    In Continental Insurance Co. v. NLRB, 495 F.2d 44 (2d Cir. 1974), a finding of bad faith was predicated in part on (1) the company's refusal to recognize the union as the sole and exclusive bargaining representative unless the union agreed not to organize or represent other company employees, (2) the company's insistence that arbitrators of grievances be picked exclusively by the company and (3) wage, vacation and severance pay proposals substantially less generous than the benefits provided to employees before the union was certified.