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Marshall Durbin Poultry Co.

312 N.L.R.B. 110 (N.L.R.B. 1993)
Marshall Durbin Poultry Co.

6 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. 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

  3. Northport Health Services, Inc. v. N.L.R.B

    961 F.2d 1547 (11th Cir. 1992)   Cited 22 times
    In Northport, as in our case, the Board affirmed the ALJ's findings and conclusions, but summarily modified the ALJ's recommendations in a footnote.

  4. Southwire Co. v. N.L.R.B

    820 F.2d 453 (D.C. Cir. 1987)   Cited 26 times
    Holding that absence of evidence that employer discharged any other employee for similar violation supported finding of pretext

  5. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

  6. N.L.R.B. v. Delta Gas, Inc.

    840 F.2d 309 (5th Cir. 1988)   Cited 17 times
    Noting that the Board's credibility determinations are entitled to deference unless "inherently unreasonable or self-contradictory"