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McAllister Towing and Transportation Co., Inc.

12-CA-146711 (N.L.R.B. May. 25, 2016)
McAllister Towing and Transportation Co., Inc.

11 Cited authorities

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

    462 U.S. 393 (1983)   Cited 656 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. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 448 times   1 Legal Analyses
    Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

  3. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  4. Nat'l Labor Relations Bd. v. Acme Industrial Co.

    385 U.S. 432 (1967)   Cited 265 times   4 Legal Analyses
    Approving "discovery-type standard"

  5. Labor Board v. Walton Mfg. Co.

    369 U.S. 404 (1962)   Cited 298 times
    Explaining 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"

  6. Labor Board v. Truitt Mfg. Co.

    351 U.S. 149 (1956)   Cited 223 times   8 Legal Analyses
    Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

  7. Labor Board v. Burnup Sims

    379 U.S. 21 (1964)   Cited 106 times   21 Legal Analyses
    Finding violation of § 8 "whatever the employer's motive"

  8. West Penn Power Co. v. N.L.R.B

    394 F.3d 233 (4th Cir. 2005)   Cited 4 times

    Nos. 03-1984, 03-2139. Argued: June 3, 2004. Decided: January 12, 2005. Petition for review of National Labor Relations Board. ARGUED: John Clark Unkovic, Reed Smith, L.L.P., Pittsburgh, Pennsylvania, for West Penn Power Company, Potomac Edison Power Company, and Allegheny Energy Service Corporation. Joan Elizabeth Hoyte, Office of the General, National Labor Relations Board, Washington, D.C., for the Board. Burton E. Rosenthal, Segal, Roitman Coleman, Boston, Massachusetts, for Intervenor. ON BRIEF:

  9. N.L.R.B. v. Sea-Land Service, Inc.

    837 F.2d 1387 (5th Cir. 1988)   Cited 1 times

    No. 86-4653. February 26, 1988. Linda Dreeben, Atty., Elliott Moore, Deputy Assoc. Gen. Counsel, N.L.R.B., Victoria A. Higman, Washington, D.C., for petitioner. Robert J. Attaway, Wagner, Heine, Underberg, Manley, Myerson Casey, New York City, Ann E. Isaac, Sea-Land Corp., Edison, N.J., for respondent. Application For Enforcement Of An Order Of The National Labor Relations Board. Before BROWN, REAVLEY, and JOLLY, Circuit Judges. JOHN R. BROWN, Circuit Judge: The Board, over the dissent of Chairman

  10. N.L.R.B. v. Ohio Power Co.

    531 F.2d 1381 (6th Cir. 1976)   Cited 7 times

    No. 75-1661. April 22, 1976. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Bert Bisgyer, Washington, D.C., Bernard Levine, Director, Region 8, N.L.R.B., Cleveland, Ohio, for petitioner. John A. McGuinn, Patterson, Belknap, Farmer Shibley, Washington, D.C., for respondent. Before EDWARDS and CELEBREZZE, Circuit Judges, and HOGAN, Chief District Judge. The Honorable Timothy S. Hogan, Chief District Judge, for the Southern District of Ohio, sitting by designation. ORDER The National Labor