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M. W. Kellogg Constructors, Inc.

273 N.L.R.B. 1049 (N.L.R.B. 1984)
M. W. Kellogg Constructors, Inc.

27 Cited authorities

  1. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,661 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

  2. 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."

  3. Metropolitan Edison Co. v. Nat'l Labor Relations Bd.

    460 U.S. 693 (1983)   Cited 314 times   8 Legal Analyses
    Holding that a union may, under certain circumstances, waive members' NLRA rights

  4. Radio Officers v. Labor Board

    347 U.S. 17 (1954)   Cited 471 times   1 Legal Analyses
    Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"

  5. Carbon Fuel Co. v. Mine Workers

    444 U.S. 212 (1979)   Cited 214 times
    Holding that an international union can be held liable for the acts of a local only if the local was its agent

  6. Transportation Union v. U. P. R. Co.

    385 U.S. 157 (1966)   Cited 223 times
    Holding that "[i]n order to interpret . . . [a collective bargaining] agreement it is necessary to consider the scope of other related collective bargaining agreements, as well as the practice, usage and custom pertaining to all such agreements."

  7. 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

  8. Nat'l Labor Relations Bd. v. Magnavox Co. of Tennessee

    415 U.S. 322 (1974)   Cited 76 times
    In Magnavox, the Board changed its bifurcated rule and adopted the Eighth Circuit's view that the union had no power to waive employee distribution rights on behalf of either itself or another union.

  9. International Union

    459 F.2d 1329 (D.C. Cir. 1972)   Cited 118 times
    Holding that where a “judge plays a role in suppression of the evidence, the force of [any adverse] inference is dissipated”

  10. Nat'l Labor Relations Bd. v. International Ass'n of Bridge, Structural & Ornamental Iron Workers, Local 433

    600 F.2d 770 (9th Cir. 1979)   Cited 31 times
    Holding that "[t]he Board may properly find an unfair labor practice when the issue has been fully litigated even though not specifically pleaded in the complaint"

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 30,111 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."