METAL SERVICES, LLC d/b/a PHOENIX SERVICES, LLC

16 Cited authorities

Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,674 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
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."
Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,035 times 67 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Clark v. Runyon
218 F.3d 915 (8th Cir. 2000) Cited 244 times
Holding employee must have same supervisor, be subjected to same standards, and engage in similar conduct to the plaintiff's to constitute a similarly situated employee
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
Guardsmark, LLC v. Nat'l Labor Relations Bd.
475 F.3d 369 (D.C. Cir. 2007) Cited 17 times 2 Legal Analyses
Striking down rule that only allowed employees to complain internally
Guard Publishing Co. v. N.L.R.B
571 F.3d 53 (D.C. Cir. 2009) Cited 11 times 16 Legal Analyses
Reviewing an employer's challenge to only the unfavorable portions of an NLRB ruling
U.S. v. Lopez
42 F.3d 463 (8th Cir. 1994) Cited 23 times 1 Legal Analyses
Upholding convictions based on testimony of a paid informant who had been granted immunity from prosecution
Beverly Health and Rehabilitation v. N.L.R.B
297 F.3d 468 (6th Cir. 2002) Cited 11 times 1 Legal Analyses
Finding substantial evidence in the record to support the NLRB's finding that an employer violated § 8 by suspending an employee because she engaged in protected union activities
Hotel Emp. Restaurant Emp. Un. v. N.L.R.B
760 F.2d 1006 (9th Cir. 1985) Cited 26 times 6 Legal Analyses
Affirming Rossmore House, 269 NLRB 1176

METAL SERVICES, LLC d/b/a PHOENIX SERVICES, LLC

16 Cited authorities

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

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."

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding employee must have same supervisor, be subjected to same standards, and engage in similar conduct to the plaintiff's to constitute a similarly situated employee

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

Striking down rule that only allowed employees to complain internally

Reviewing an employer's challenge to only the unfavorable portions of an NLRB ruling

Upholding convictions based on testimony of a paid informant who had been granted immunity from prosecution

Finding substantial evidence in the record to support the NLRB's finding that an employer violated § 8 by suspending an employee because she engaged in protected union activities

Affirming Rossmore House, 269 NLRB 1176