M.P.C. Plating, Inc.

13 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. 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
  4. N.L.R.B. v. Jamaica Towing, Inc.

    632 F.2d 208 (2d Cir. 1980)   Cited 50 times
    Holding that "hallmark" violations of NLRA "include such employer misbehavior as the closing of a plant or threats of plant closure or loss of employment, the grant of benefits to employees, or the reassignment, demotion or discharge of union adherents" and lesser violations "include such employer misconduct as interrogating employees regarding their union sympathies, holding out a `carrot' of promised benefits, expressing anti-union resolve, threatening that unionization will result in decreased benefits, or suggesting that physical force might be used to exclude the union"
  5. N.L.R.B. v. W. C. McQuaide, Inc.

    552 F.2d 519 (3d Cir. 1977)   Cited 40 times
    In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.
  6. Justak Bros. and Co., Inc. v. N.L.R.B

    664 F.2d 1074 (7th Cir. 1981)   Cited 29 times
    Disallowing an employer to seize upon turnover, for otherwise "an employer could engage in a scheme of unfair labor practices and yet escape a bargaining order by delaying and waiting for employee turnover"
  7. Chromalloy Min. and Minerals, v. N.L.R.B

    620 F.2d 1120 (5th Cir. 1980)   Cited 19 times
    Enforcing Gissel Order where employer refused to recall a union-supporting employee for his usual seasonal employment, threatened to close the plant, and promised a benefit to one employee if he opposed the union
  8. N.L.R.B. v. Auto Fast Freight, Inc.

    793 F.2d 1126 (9th Cir. 1986)   Cited 9 times

    No. 84-7829. Argued and Submitted December 3, 1985. Decided July 10, 1986. John G. Elligers, Joseph Oertl, N.L.R.B., Washington, D.C., for petitioner. William J. Brunick, Donald R. Alvarez, Brunick, Pyle Ludvigsen, San Bernardino, Cal., for respondent. Application for Enforcement of an Order of the National Labor Relations Board. Before GOODWIN and BOOCHEVER, Circuit Judges, and SPENCER WILLIAMS, District Judge. The Honorable Spencer Williams, United States District Judge for the Northern District

  9. Piggly Wiggly, Tuscaloosa Div., v. N.L.R.B

    705 F.2d 1537 (11th Cir. 1983)   Cited 9 times
    Describing the " ‘critical period’ " during which unfair labor practices may occur under the National Labor Relations Act as beginning "when a representation petition is filed"
  10. N.L.R.B. v. General Stencils, Inc.

    472 F.2d 170 (2d Cir. 1972)   Cited 18 times
    Denying enforcement after Gissel remand
  11. Section 6621 - Determination of rate of interest

    26 U.S.C. § 6621   Cited 1,873 times   23 Legal Analyses
    Applying a higher interest rate to past liabilities resulting from tax-motivated transactions