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North Fork Services Joint Venture

346 N.L.R.B. 1025 (N.L.R.B. 2006)
North Fork Services Joint Venture

11 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. Labor Board v. Katz

    369 U.S. 736 (1962)   Cited 710 times   29 Legal Analyses
    Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

  3. Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.

    388 U.S. 26 (1967)   Cited 322 times   8 Legal Analyses
    Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

  4. 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.

  5. 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

  6. 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

  7. W.F. Bolin Co. v. N.L.R.B

    70 F.3d 863 (6th Cir. 1995)   Cited 48 times
    Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues

  8. N.L.R.B. v. Augusta Bakery Corp.

    957 F.2d 1467 (7th Cir. 1992)   Cited 45 times
    Holding that the replacements were temporary because, although the replacements were told that "if they worked out and did their job, they had a job," the testimony of the replacements indicated that they did not understand themselves to be permanent employees

  9. Laidlaw Corporation v. N.L.R.B

    414 F.2d 99 (7th Cir. 1969)   Cited 81 times   6 Legal Analyses
    Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

  10. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination