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New York Paving, Inc.

29-CA-233990 (N.L.R.B. Jan. 27, 2020)
New York Paving, Inc.

20 Cited authorities

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

    462 U.S. 393 (1983)   Cited 657 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. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 181 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

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

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  4. Specialty Tires v. CIT Group/Equi. Fina

    248 F.3d 1131 (3d Cir. 2000)   Cited 37 times
    Denying request to inspect grand jury voting record when the defendant failed to demonstrate a "particularized need"

  5. Regal Cinemas, Inc. v. N.L.R.B

    317 F.3d 300 (D.C. Cir. 2003)   Cited 31 times   1 Legal Analyses
    Affirming the Board's finding of a Section 8 violation where the layoff was motivated by labor costs rather than technological advances

  6. Adams & Assocs., Inc. v. Nat'l Labor Relations Bd.

    871 F.3d 358 (5th Cir. 2017)   Cited 9 times
    Noting that although a successor contractor "was required to offer unit employees a right of first refusal under the EO and [Department of Labor (DOL)] regulations, this right of first refusal did not constitute a mandated blanket offer to all employees"

  7. Nat'l Labor Relations Bd. v. Galicks, Inc.

    671 F.3d 602 (6th Cir. 2012)   Cited 13 times
    Noting that "we must defer to the Board’s reasonable inferences and credibility determinations, ‘even if we would conclude differently under de novo review’ "

  8. Autonation, Inc. v. Nat'l Labor Relations Bd.

    801 F.3d 767 (7th Cir. 2015)   Cited 7 times
    Finding employer's claim that it fired employee due to job abandonment to be a pretext because employer knew that employee had filed for unemployment benefits and was under the impression that he had already been terminated and yet the company did nothing to correct the employee's alleged misimpression

  9. Taylor Warehouse v. National Labor Relations

    98 F.3d 892 (6th Cir. 1996)   Cited 26 times
    Holding that "credibility determinations made by . . . administrative law judge and adopted by the [National Labor Relations Board] (NLRB) are entitled to great weight"

  10. Automotive Council v. N.L.R.B

    483 F.3d 628 (9th Cir. 2007)   Cited 14 times
    Concluding that substantial evidence supported the NLRB's finding that labor organization "did not have actual or constructive knowledge" of unfair labor practices

  11. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,963 times   7 Legal Analyses
    Granting trial judge broad discretion to control witness examination