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Kelly Brothers Sheet Metal, Inc.

342 N.L.R.B. 83 (N.L.R.B. 2004)
Kelly Brothers Sheet Metal, Inc.

13 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. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  4. Woelke & Romero Framing, Inc. v. Nat'l Labor Relations Bd.

    456 U.S. 645 (1982)   Cited 269 times
    Holding that "the Court of Appeals lack[ed] jurisdiction to review objections that were not urged before the Board"

  5. 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

  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. Perdue Farms, Inc. v. Nat. Lbr. Relations Bd.

    144 F.3d 830 (D.C. Cir. 1998)   Cited 28 times
    Deferring to agency's resolution of contradictory evidence

  8. Nat'l Labor Relations Bd. v. Village IX, Inc.

    723 F.2d 1360 (7th Cir. 1983)   Cited 33 times
    Finding the employer's adoption of a rule was motivated by an antiunion position and thus violated the Act

  9. ZIM'S FOODLINER, INC. v. N.L.R.B

    495 F.2d 1131 (7th Cir. 1974)   Cited 44 times
    Holding that the owner of a single store purchased from the Kroger chain was a successor employer

  10. Hotel Emp. Restaurant Emp. Un. v. N.L.R.B

    760 F.2d 1006 (9th Cir. 1985)   Cited 26 times   6 Legal Analyses
    Affirming Rossmore House, 269 NLRB 1176