13 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 652 times 11 Legal AnalysesHolding 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."
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 AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Labor Board v. Link-Belt Co.
311 U.S. 584 (1941) Cited 338 timesFinding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"
Perdue Farms, Inc. v. Nat. Lbr. Relations Bd.
144 F.3d 830 (D.C. Cir. 1998) Cited 28 timesDeferring to agency's resolution of contradictory evidence
Reno Hilton Resorts v. N.L.R.B
196 F.3d 1275 (D.C. Cir. 1999) Cited 23 timesConcluding that "[t]he timing of the decision to contract out is suspect" where it "came on the heels of heavy union activity" and the employer knew of the purported rationale for its subcontracting decision long before it implemented that decision
Three D, LLC v. Nat'l Labor Relations Bd.
629 F. App'x 33 (2d Cir. 2015) Cited 3 times 1 Legal AnalysesNoting that something "violates [the NLRA's interference provision] if it would reasonably tend to chill employees in the exercise of their [NLRA rights]"
Local Joint Exec. Bd. v. National Labor rel
515 F.3d 942 (9th Cir. 2008) Cited 8 timesNo. 05-75515. Argued and Submitted October 16, 2007. Filed January 28, 2008. Kristin Martin (argued), Richard G. McCracken, Davis, Cowell, Bowe, LLP, San Francisco, CA, for petitioner Local Joint Executive Board of Las Vegas. David A. Seid, Attorney, National Labor Relations Board, Washington, D.C., for the respondent. Brian Herman (argued), Mark J. Ricciardi, Fisher Phillips, LLP, Atlanta, GA, for intervenor Reorganized Aladdin Gaming, LLC. On Petition for Review of an Order of the National Labor
World Color (Usa) Corp. v. Nat'l Labor Relations Bd.
776 F.3d 17 (D.C. Cir. 2015) Cited 1 timesNos. 14–1028 14–1037. 01-16-2015 WORLD COLOR (USA) CORP., a Wholly Owned Subsidiary of Quad/Graphics, Inc., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Ronald J. Holland argued the cause for petitioner. With him on the briefs was Ellen M. Bronchetti. David A. Seid argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr., John H. Ferguson, Linda Dreeben, and Jill A. Griffin. WILKINS, Circuit Judge Ronald J. Holland argued the cause for petitioner. With him
Palace Sports Entm't, Inc. v. NLRB
411 F.3d 212 (D.C. Cir. 2005) Cited 6 timesNo. 04-1261, 04-1276. Argued March 18, 2005. Decided May 31, 2005. On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Robert M. Vercruysse argued the cause for petitioner. With him on the briefs was Gary S. Fealk. David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Assistant General Counsel, Aileen A. Armstrong
Holsum de Puerto Rico, Inc. v. Nat'l Labor Relations Bd.
456 F.3d 265 (1st Cir. 2006) Cited 3 timesFinding substantial evidence of knowledge of union activities conducted in plain view in an open parking lot where the activities "could very well have been observed by any number of supervisors and managers"