Mclane/Western, Inc.
3 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 652 times 11 Legal AnalysesHolding 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.
662 F.2d 899 (1st Cir. 1981) Cited 357 times 46 Legal AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
McLane/Western, Inc. v. Nat'l Labor Relations Bd.
723 F.2d 1454 (10th Cir. 1983) Cited 8 timesIn McLane/Western, Inc. v. National Labor Relations Board, 723 F.2d 1454 (10th Cir. 1983), this court upheld the Board's finding that before a union election McLane/Western engaged in conduct which violated § 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), by coercively interrogating employees, and by threatening the employees with loss of benefits, plant closure and physical violence.