Metro Networks

13 Cited authorities

  1. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 445 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
  2. 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
  3. Nash v. Florida Industrial Comm'n

    389 U.S. 235 (1967)   Cited 141 times   1 Legal Analyses
    Holding preempted an administrative policy interpreting presumably valid state unemployment insurance law exception for "labor disputes" to include proceedings under NLRB complaints
  4. Nat'l Labor Relations Bd. v. Scrivener

    405 U.S. 117 (1972)   Cited 83 times
    Holding that protection from retaliation for "fil[ing] charges or giv[ing] testimony" under the National Labor Relations Act extends to an employee who gave a written sworn statement to an NLRB examiner
  5. Equal Emp't Opportunity Comm'n v. Astra USA, Inc.

    94 F.3d 738 (1st Cir. 1996)   Cited 123 times   3 Legal Analyses
    Holding that settlement agreements prohibiting employees who had made sexual harassment claims from discussing the incidents that gave rise to their claim with EEOC investigators are void as against public policy
  6. FPC Holdings, Inc. v. Nat'l Labor Relations Bd.

    64 F.3d 935 (4th Cir. 1995)   Cited 23 times
    Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior
  7. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination
  8. Beverly California Corp. v. N.L.R.B

    253 F.3d 291 (7th Cir. 2001)   Cited 4 times

    Nos. 99-4121, 00-3881. Argued March 26, 2001. Decided June 8, 2001. Appeal from the Court of Appeals, Bauer, Circuit Judge. Thomas P. Dowd (argued), Littler Mendelson, Baltimore, MD, for petitioner. Roberto C. Chavarry, National Labor Relations Board, Region 25, Indianapolis, IN, Aileen Armstrong, Usha Dheenan (argued), National Labor Relations Board, Office of the General Counsel, Washington, DC, for respondent. Before FLAUM, Chief Judge, and BAUER and ROVNER, Circuit Judges. BAUER, Circuit Judge

  9. N.L.R.B. v. Retail Store Emp. U., Local 876

    570 F.2d 586 (6th Cir. 1978)   Cited 23 times
    In NLRB v. Retail Store Employees Union, Local 876, 570 F.2d 586 (6th Cir.), cert. denied, 439 U.S. 819, 99 S.Ct. 81, 58 L.Ed.2d 109 (1978), this court applied a similar analysis in holding that the antiretaliation provision of the NLRA prohibited an employer from firing an employee who refused to testify at a Board hearing despite the fact that the statute, by its terms, applied only to employees who had "`filed charges or given testimony,'" and literally did not deal with a refusal to give testimony.
  10. Grand Rapids Die Casting Corp. v. N.L.R.B

    831 F.2d 112 (6th Cir. 1987)   Cited 12 times
    In Grand Rapids Die Casting Corp. v. NLRB, 831 F.2d 112 (6th Cir. 1987), the Sixth Circuit held that the antiunion animus of a supervisor could be attributed to the company because, even though that supervisor was not the decisionmaker, he knew of the employee's protected activities and was involved in the decision to fire the employee.