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Jesco, Inc.

14 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. 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."

  3. Nat'l Labor Relations Bd. v. Town & Country Electric, Inc.

    516 U.S. 85 (1995)   Cited 85 times   10 Legal Analyses
    Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"

  4. 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

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

    301 F.3d 83 (3d Cir. 2002)   Cited 49 times   21 Legal Analyses
    Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal

  6. 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.

  7. Fluor Daniel, Inc. v. N.L.R.B

    332 F.3d 961 (6th Cir. 2003)   Cited 15 times
    In Fluor Daniel, the Board apparently calculated the number of deviations from the hiring policy at issue by counting the number of deviations from all hiring protocols for each applicant.

  8. Intern. Union of Operating Eng'rs v. N.L.R.B

    325 F.3d 818 (7th Cir. 2003)   Cited 11 times

    No. 02-1044. Argued September 27, 2002. Decided March 28, 2003. Petition for review of National Labor Relations Board (NLRB). Brian C. Hlavin (Argued), Baum, Sigman, Auerbach, Pierson Neuman, Chicago, IL, for Petitioner. Elizabeth Kinney, National Labor Relations Board, Region 13, Chicago, IL, David Seid (Argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Will J. Vance, National Labor Relations Board, Region 33, Peoria, IL, for Respondent. Michael E

  9. Justak Bros. and Co., Inc. v. N.L.R.B

    664 F.2d 1074 (7th Cir. 1981)   Cited 29 times
    Disallowing an employer to seize upon turnover, for otherwise "an employer could engage in a scheme of unfair labor practices and yet escape a bargaining order by delaying and waiting for employee turnover"

  10. N.L.R.B. v. Brookshire Grocery Co.

    919 F.2d 359 (5th Cir. 1990)   Cited 13 times   1 Legal Analyses
    Holding that employer could discharge employee under the NLRA for taking company papers