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Mid-Atlantic Restaurant Group- Kelly's Taproom

364 NLRB No. 153 (N.L.R.B. 2016)
Mid-Atlantic Restaurant Group- Kelly's Taproom

11 Cited authorities

  1. 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 "

  2. 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."

  3. 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

  4. Romano v. Merrill Lynch, Pierce, Fenner Smith

    487 U.S. 1205 (1988)   Cited 105 times   6 Legal Analyses
    Upholding conclusion that employees classified as department managers did not meet executive exemption

  5. 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

  6. McPc Inc. v. Nat'l Labor Relations Bd.

    813 F.3d 475 (3d Cir. 2016)   Cited 14 times
    Distinguishing Wright Line from the framework established in N.L.R.B. v. Burnup & Sims, Inc., 379 U.S. 21, 23, 85 S.Ct. 171, 13 L.Ed.2d 1

  7. Aroostook County v. N.L.R.B

    81 F.3d 209 (D.C. Cir. 1996)   Cited 18 times   1 Legal Analyses
    Upholding NLRB's jurisdiction under 29 U.S.C. § 158, part of the National Labor Relations Act, over an employer

  8. Prill v. N.L.R.B

    835 F.2d 1481 (D.C. Cir. 1987)   Cited 27 times   8 Legal Analyses
    Recognizing that an employee takes concerted action “when he acts with the actual participation or on the authority of his co-workers”

  9. Mushroom Transportation Company v. N.L.R.B

    330 F.2d 683 (3d Cir. 1964)   Cited 48 times
    In Mushroom Transportation Co. v. NLRB, 330 F.2d 683, 685 (3d Cir. 1964), we held that to qualify as concerted activity "it must appear at the very least that [the conduct] was engaged in with the object of initiating or inducing or preparing for group action or that it had some relation to group action in the interest of the employees."

  10. N.L.R.B. v. LI'L GENERAL STORES, INC

    422 F.2d 571 (5th Cir. 1970)   Cited 5 times

    No. 27538. February 12, 1970. Rehearing Denied and Rehearing En Banc Denied May 11, 1970. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., Harold A. Boire, Director, Region 12, N.L.R.B., Tampa, Fla., Allan M. Elster, Miami Beach, Fla., R.W.D.S.U., Local 885, Paul J. Spielberg, Atty., N.L.R.B., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Robertamarie Kiley, Atty., N.L.R.B., Washington, D.C., for petitioner. Glenn L. Greene, Jr., W. Reynolds Allen, Jesse