Napleton 1050, Inc. d/b/a Napleton Cadillac of Libertyville

31 Cited authorities

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."
Sure-Tan, Inc. v. Nat'l Labor Relations Bd.
467 U.S. 883 (1984) Cited 416 times 3 Legal Analyses
Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 358 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
Radio Officers v. Labor Board
347 U.S. 17 (1954) Cited 470 times 1 Legal Analyses
Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
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
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
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,317 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 1161 - Plans must provide continuation coverage to certain individuals
29 U.S.C. § 1161 Cited 866 times 3 Legal Analyses
Requiring a plan sponsor to provide that a qualified beneficiary that loses coverage as a result of a qualifying event is entitled to elect, within the election period, continuation coverage

Napleton 1050, Inc. d/b/a Napleton Cadillac of Libertyville

31 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 NLRB could order reinstatement with back pay as a remedy for constructive discharge

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"

Approving "discovery-type standard"

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

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

Granting employees a wage increase without bargaining with Local 355

Requiring a plan sponsor to provide that a qualified beneficiary that loses coverage as a result of a qualifying event is entitled to elect, within the election period, continuation coverage