Nat'l Labor Relations Bd. v. Transportation Management Corp.

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."

Radio Officers v. Labor Board

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

Eastex, Inc. v. Nat'l Labor Relations Bd.

Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity

Labor Board v. Walton Mfg. Co.

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Romano v. Merrill Lynch, Pierce, Fenner Smith

Upholding conclusion that employees classified as department managers did not meet executive exemption

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

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

Laurel Sand & Gravel, Inc. v. CSX Transportation, Inc.

Prill v. N.L.R.B

In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."

Cintas Corp. v. N.L.R.B

Upholding National Labor Relations Board determination that an employer's rule that was likely to chill employees' discussion of wages constituted an unfair labor practice under the NLRA

N.L.R.B. v. Mike Yurosek Son, Inc.

Holding that four employees who protested reduction in hours and then later refused a contradictory order to work longer hours engaged in concerted activity

Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

Recognizing exception to rule against hearsay for records of regularly conducted activities