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Midwestern Fuels Systems, Inc., And Reclamation Services, Inc.

277 N.L.R.B. 221 (N.L.R.B. 1985)
Midwestern Fuels Systems, Inc., And Reclamation Services, Inc.

17 Cited authorities

  1. 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."

  2. 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"

  3. Radio Union v. Broadcast Serv

    380 U.S. 255 (1965)   Cited 326 times
    Holding that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the National Labor Relations Act

  4. South Prairie Constr. v. Operating Engineers

    425 U.S. 800 (1976)   Cited 222 times   2 Legal Analyses
    Holding that appeals court usurped role of NLRB by reversing Board's legal conclusion and proceeding to decide issue of fact that should be decided by Board in the first instance

  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. I.A. of M. v. Labor Board

    311 U.S. 72 (1940)   Cited 317 times
    In International Ass'n of Machinists v. N.L.R.B., 1940, 311 U.S. 72, 61 S.Ct. 83, 85 L. Ed. 50, there had been a long history of management favoritism to the established and hostility to the aspiring union; and in Franks Bros. Co. v. N.L.R.B., 1944, 321 U.S. 702, 703, 64 S.Ct. 817, 818, 88 L.Ed. 1020, the employer had "conducted an aggressive campaign against the Union, even to the extent of threatening to close its factory if the union won the election."

  7. Nat'l Labor Relations Bd. v. Action Automotive, Inc.

    469 U.S. 490 (1985)   Cited 44 times   1 Legal Analyses
    Upholding Board rule excluding from bargaining unit employees who are relatives of management

  8. N.L.R.B. v. Don Burgess Const. Corp.

    596 F.2d 378 (9th Cir. 1979)   Cited 101 times   1 Legal Analyses
    Holding that section 10(b) limitations period begins to run when the employee "discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged [violation]"

  9. Royal Typewriter Co. v. N.L.R.B

    533 F.2d 1030 (8th Cir. 1976)   Cited 34 times
    Rejecting the Board's narrow reading of Fibreboard in Ozark Trailers, Inc., 161 NLRB 561, 564-70 that an employer operating two or more plants is obligated to bargain with respect to the closing of one of them

  10. N.L.R.B. v. Cumberland Shoe Corporation

    351 F.2d 917 (6th Cir. 1965)   Cited 49 times   2 Legal Analyses
    In Cumberland we emphasized that "In no instance did any employee testify that he was told that the election was the only purpose of the card."

  11. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,937 times   7 Legal Analyses
    Granting trial judge broad discretion to control witness examination