Jumbo Produce, Inc.

12 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. Brown
380 U.S. 278 (1965) Cited 473 times 2 Legal Analyses
Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"
American Ship Bldg. v. Labor Board
380 U.S. 300 (1965) Cited 350 times 4 Legal Analyses
Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 322 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 358 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
Radio Officers v. Labor Board
347 U.S. 17 (1954) Cited 470 times 1 Legal Analyses
Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"
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"
Teamsters Local v. Labor Board
365 U.S. 667 (1961) Cited 174 times
Holding that the Board may not dictate specific procedures and rules that a union must adopt, not that the Board errs when it determines that a union engaged in unfair labor practices by failing to operate in accordance with objective criteria
Birch Run Welding Fabricating, v. N.L.R.B
761 F.2d 1175 (6th Cir. 1985) Cited 35 times
Ordering general layoffs to discourage or retaliate against union activity is unlawful discrimination, even though some employees opposed to the union were laid-off as well
N.L.R.B. v. Melrose Processing Co.
351 F.2d 693 (8th Cir. 1965) Cited 33 times
In N.L.R.B. v. Melrose Processing Co., 8 Cir., 351 F.2d 693, also decided since this case was submitted, this court stated that if the factual conclusion of the Board is based upon substantial evidence on the whole record, this court must accept such factual determination as binding. Jas. H. Matthews Co. v. N.L.R.B., 8 Cir., 354 F.2d 432, decided December 29, 1965, adheres to these principles.
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,874 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Jumbo Produce, Inc.

12 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."

Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"

Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"

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"

Holding that the Board may not dictate specific procedures and rules that a union must adopt, not that the Board errs when it determines that a union engaged in unfair labor practices by failing to operate in accordance with objective criteria

Ordering general layoffs to discourage or retaliate against union activity is unlawful discrimination, even though some employees opposed to the union were laid-off as well

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions