MONDELEZ INTERNATIONAL

27 Cited authorities

Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 656 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."
Labor Board v. Katz
369 U.S. 736 (1962) Cited 711 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
Detroit Edison Co. v. Nat'l Labor Relations Bd.
440 U.S. 301 (1979) Cited 228 times 20 Legal Analyses
Holding that a union's request for employee aptitude tests was relevant to its claim, but employer's interest in preserving confidentiality was also legitimate, and disclosing the information only upon the employee's written consent was a reasonable accommodation
Loral Defense Systems-Akron v. N.L.R.B
200 F.3d 436 (6th Cir. 1999) Cited 373 times
Holding an ALJ can consider evidence without directly addressing it
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 358 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. Truitt Mfg. Co.
351 U.S. 149 (1956) Cited 223 times 8 Legal Analyses
Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith
Inova Health Sys. v. Nat'l Labor Relations Bd.
795 F.3d 68 (D.C. Cir. 2015) Cited 29 times
Doubting that a company fired its employee for her unprofessional conduct, as it claimed, when that company's investigation into her behavior was "one-sided" and incomplete
Ozburn-Hessey Logistics, LLC v. Nat'l Labor Relations Bd.
833 F.3d 210 (D.C. Cir. 2016) Cited 23 times 1 Legal Analyses
Finding pretext where the company's discharge decision was "inconsistent with" other disciplinary decisions and "deviated from the Company's progressive disciplinary policy"
W.F. Bolin Co. v. N.L.R.B
70 F.3d 863 (6th Cir. 1995) Cited 48 times
Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues

MONDELEZ INTERNATIONAL

27 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."

Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Holding that a union's request for employee aptitude tests was relevant to its claim, but employer's interest in preserving confidentiality was also legitimate, and disclosing the information only upon the employee's written consent was a reasonable accommodation

Holding an ALJ can consider evidence without directly addressing it

Approving "discovery-type standard"

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

Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

Doubting that a company fired its employee for her unprofessional conduct, as it claimed, when that company's investigation into her behavior was "one-sided" and incomplete

Finding pretext where the company's discharge decision was "inconsistent with" other disciplinary decisions and "deviated from the Company's progressive disciplinary policy"

Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues