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MEMC Electronic Materials

342 N.L.R.B. 1172 (N.L.R.B. 2004)
MEMC Electronic Materials

24 Cited authorities

  1. 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."

  2. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,036 times   71 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. Holly Farms Corp. v. Nat'l Labor Relations Bd.

    517 U.S. 392 (1996)   Cited 136 times
    Holding that where statute's meaning is obvious, courts and Board must defer to Congress's unambiguous intent, but where ambiguity exists, courts must defer to an agency's reasonable interpretation of the statute

  4. Labor Board v. Parts Co.

    375 U.S. 405 (1964)   Cited 213 times   1 Legal Analyses
    Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

  5. 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

  6. Huck Store Fixture Co. v. Nat'l Labor Relations Bd.

    327 F.3d 528 (7th Cir. 2003)   Cited 25 times
    Concluding that employer's motivating anti-union animus was supported by substantial evidence including company president "publicly voic[ing] his disdain for the Union"

  7. Perdue Farms, Inc. v. Nat. Lbr. Relations Bd.

    144 F.3d 830 (D.C. Cir. 1998)   Cited 28 times
    Deferring to agency's resolution of contradictory evidence

  8. N.L.R.B. v. Hardesty Co., Inc.

    308 F.3d 859 (8th Cir. 2002)   Cited 12 times
    Noting that hardline bargaining positions can be evidence that an employer "had no intention of reaching an agreement"

  9. Nursing v. Nat'l Labor Relations Bd.

    164 F.3d 867 (4th Cir. 1999)   Cited 14 times
    Holding that an employer could only distribute its proposal to union employees when the proposal was "properly before" the union

  10. Holly Farms Corp. v. N.L.R.B

    48 F.3d 1360 (4th Cir. 1995)   Cited 14 times
    Holding that employer had a duty to bargain with union over the effects of a merger on “wages, hours, work rules, work schedules, and work locations”