Mexican Radio Corp.

9 Cited authorities

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."
Grey v. Heckler
721 F.2d 41 (2d Cir. 1983) Cited 1,662 times
Relying on Illinois law that party alleging that divorce was not obtained must present evidence sufficient to afford reasonable ground for presuming allegation is true, at which point “onus probandi will be thrown on his adversary”
Eastex, Inc. v. Nat'l Labor Relations Bd.
437 U.S. 556 (1978) Cited 196 times 13 Legal Analyses
Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity
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"
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
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"
Caterpillar Logistics, Inc. v. Nat'l Labor Relations Bd.
835 F.3d 536 (6th Cir. 2016) Cited 12 times
Nos. 15–1433/1611 07-19-2016 Caterpillar Logistics, Inc., Petitioner/Cross–Respondent, v. National Labor Relations Board, Respondent/Cross–Petitioner, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Intervening Respondent. ARGUED: Joseph J. Torres, Winston & Strawn LLP, Chicago, Illinois, for Petitioner/Cross–Respondent. Valerie L. Collins, National Labor Relations Board, Washington, D.C., for Respondent/Cross–Petitioner. Kristin Seifert Watson, Cloppert
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
Pergament United Sales, Inc. v. N.L.R.B
920 F.2d 130 (2d Cir. 1990) Cited 20 times 9 Legal Analyses
Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"

Mexican Radio Corp.

9 Cited authorities

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."

Relying on Illinois law that party alleging that divorce was not obtained must present evidence sufficient to afford reasonable ground for presuming allegation is true, at which point “onus probandi will be thrown on his adversary”

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"

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

Finding violation of § 8 "whatever the employer's motive"

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"