Kosher Plaza Supermarket

8 Cited authorities

Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 657 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."
Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,036 times 71 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
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
N.L.R.B. v. Joe B. Foods, Inc.
953 F.2d 287 (7th Cir. 1992) Cited 15 times
Finding that dispositive recommendations on employee hiring is an indicia of supervisory status
N.L.R.B. v. Gordon
792 F.2d 29 (2d Cir. 1986) Cited 13 times
Enforcing bargaining order after one-hundred percent turnover
N.L.R.B. v. Solboro Knitting Mills, Inc.
572 F.2d 936 (2d Cir. 1978) Cited 13 times
In Solboro the group questioning consisted of one inquiry as to whether the employees wanted the union, which was greeted by silence.
Donovan v. N.L.R.B
520 F.2d 1316 (2d Cir. 1975) Cited 9 times
Finding union members' mass picketing, threats, assaults and some property damage insufficient to sustain the "extraordinary sanction of withholding an otherwise appropriate remedial bargaining order"

Kosher Plaza Supermarket

8 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."

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Finding that dispositive recommendations on employee hiring is an indicia of supervisory status

Enforcing bargaining order after one-hundred percent turnover

In Solboro the group questioning consisted of one inquiry as to whether the employees wanted the union, which was greeted by silence.

Finding union members' mass picketing, threats, assaults and some property damage insufficient to sustain the "extraordinary sanction of withholding an otherwise appropriate remedial bargaining order"