Nat'l Labor Relations Bd. v. Transportation Management Corp.

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."

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

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

Pioneer Natural Gas Co. v. N.L.R.B

In Pioneer Natural Gas, we also rejected the imputation of knowledge from one supervisor to the next where neither the ALJ nor the Board made findings that the decision-making supervisors had knowledge of the union activity, nor that this knowledge had been communicated by the lower-level supervisors.

N.L.R.B. v. Long Island Airport Limousine Serv

Affirming NLRB finding of Section 8 violation where discharged employee, who was “union ‘spearhead’ for organizing the [c]ompany's drivers,” had been soliciting union support on day before abrupt discharge, and employer's asserted reasons that employee had poor employment record, had received traffic tickets, and submitted incomplete paperwork—including “a particularly serious incident ... that involved missing cash collections” for which he was warned—were contradictory and pretextual, and where treatment of other employees for similar misconduct was disparate

Delchamps, Inc. v. N.L.R.B