311 U.S. 7 (1940) Cited 231 times 3 Legal Analyses
In Republic Steel, supra, the Court refused to enforce an order requiring the employer to pay the full amount of back pay to an employee who had been paid to work for the Work Projects Administration in the meantime.
In N.L.R.B. v. McGahey, 233 F.2d 406 (5th Cir. 1956), this court described casual and moderate inquiries, even as to union preference, absent evidence indicating that the employee has reason to consider the inquiries a threat of reprisals, as not constituting an unfair labor practice in violation of ยง 8(a)(1).
In Atlanta Coca-Cola, for example, the court was concerned with the General Counsel's failure to produce evidence of discriminatory intent as to each of the individual employees, rather than with the placement of the burden of persuasion. See, e. g., 293 F.2d at 309 ("This is not a case where conflicting inferences of equal weight may be drawn from the record.")