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International Union of Painters and Allied Trades Northwest Indiana, Local 460 (ATLANTIC PLANT SERVI

13-CB-082856 (N.L.R.B. Mar. 15, 2013)
International Union of Painters and Allied Trades Northwest Indiana, Local 460 (ATLANTIC PLANT SERVI

12 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,712 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  2. 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"

  3. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  4. Dyer v. MacDougall

    201 F.2d 265 (2d Cir. 1952)   Cited 321 times
    Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence

  5. Filippo v. Nipsco

    141 F.3d 744 (7th Cir. 1998)   Cited 66 times
    Holding state law claims brought in conjunction with a hybrid § 301 claim were preempted because the state law claims would require "the interpretation of a collective-bargaining agreement"

  6. Trnka v. Local Union No. 688

    30 F.3d 60 (7th Cir. 1994)   Cited 60 times
    Holding that bare assertions that speech and adverse actions are related is insufficient to survive summary judgment

  7. Conley v. N.L.R.B

    520 F.3d 629 (6th Cir. 2008)   Cited 13 times
    Finding anti-union animus when employer terminated an employee for previously tolerated conduct

  8. FPC Holdings, Inc. v. Nat'l Labor Relations Bd.

    64 F.3d 935 (4th Cir. 1995)   Cited 23 times
    Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior

  9. N.L.R.B. v. Int'l Brotherhood

    514 F.3d 646 (6th Cir. 2008)   Cited 7 times
    Holding that the Board has initial burden of showing that protected conduct was a "motivating factor" in the union’s discrimination against an employee in violation of § 8(b)

  10. Nat'l Labor Relations Bd. v. Universal Camera

    179 F.2d 749 (2d Cir. 1950)   Cited 24 times

    No. 54, Docket 21395. Argued December 6, 1949. Decided January 10, 1950. A. Norman Somers, Asst. Gen. Counsel, Washington, D.C., David P. Findling, Associate Gen. Counsel, Ruth Weyand, Asst. Gen. Counsel, William J. Avrutis, Atty., National Labor Relations Board, Washington, D.C., for petitioner. Kaye, Scholer, Fierman Hays, New York City, Frederick R. Livingston, New York City, for respondent. On petition of the National Labor Relations Board for an order, "enforcing" an order of the Board to "cease

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,794 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,124 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities