Kitsap Tenant Support Services, Inc.
13 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 657 times 11 Legal AnalysesHolding 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."
Beth Israel Hospital v. Nat'l Labor Relations Bd.
437 U.S. 483 (1978) Cited 221 times 5 Legal AnalysesHolding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 timesExplaining 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"
H. K. Porter Co. v. Nat'l Labor Relations Bd.
397 U.S. 99 (1970) Cited 222 times 2 Legal AnalysesHolding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."
Labor Board v. Borg-Warner Corp.
356 U.S. 342 (1958) Cited 296 times 1 Legal AnalysesHolding employer's insistence on a ballot clause was an unfair labor practice under § 8 because it was a non-mandatory subject of bargaining and it "substantially modifies the collective-bargaining system provided for in the statute by weakening the independence of the 'representative' chosen by the employees. It enables the employer, in effect, to deal with its employees rather than with their statutory representative."
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 AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Labor Board v. American Ins. Co.
343 U.S. 395 (1952) Cited 269 timesHolding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"
Labor Board v. Truitt Mfg. Co.
351 U.S. 149 (1956) Cited 223 times 8 Legal AnalysesHolding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith
N.L.R.B. v. Tomco Communications, Inc.
567 F.2d 871 (9th Cir. 1978) Cited 37 timesTaking into consideration, in determining substantiality of evidence, that the Board diverged from the ALJ's findings on matters of credibility
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 timesUpholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination