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Overnite Transportation Co.

335 N.L.R.B. 372 (N.L.R.B. 2001)
Overnite Transportation Co.

18 Cited authorities

  1. Allentown Mack Sales & Service, Inc. v. Nat'l Labor Relations Bd.

    522 U.S. 359 (1998)   Cited 426 times   13 Legal Analyses
    Holding that the Board "is not free to prescribe what inferences from the evidence it will accept and reject, but must draw all those inferences that the evidence fairly demands"

  2. 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."

  3. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 445 times   1 Legal Analyses
    Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

  4. 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

  5. Hyatt Corp. v. N.L.R.B

    939 F.2d 361 (6th Cir. 1991)   Cited 98 times
    Upholding Section 8 violations, under Birch Run's general layoff theory, where three union supporters and nine other employees were discharged over a seven month period

  6. Medeco Sec. Locks v. National Lab. rel

    142 F.3d 733 (4th Cir. 1998)   Cited 28 times   1 Legal Analyses
    Holding that no substantial evidence of knowledge could be inferred from the company's decision to fire a worker within a year after he had ceased to be a visible supporter of the union and had disavowed further interest in the union

  7. N.L.R.B. v. Eastern Smelting Refining Corp.

    598 F.2d 666 (1st Cir. 1979)   Cited 54 times
    In NLRB v. Eastern Smelting, 598 F.2d 666 (1st Cir. 1979), we held that the burden is on the Board to show that the discharge resulted from the improper motive alleged, and that except in clear cases, "the mere fact that the Board considers the asserted good reason less than compelling will not suffice...."

  8. N.L.R.B.v. Talsol Corp.

    155 F.3d 785 (6th Cir. 1998)   Cited 23 times
    Holding that an employee's comments about safety at a group meeting attended by employees and management constituted concerted activity because the meeting was conducted to address plant safety concerns, the employee's questions were on the topic of safety, and the context indicated that the employee's statements were “[c]learly ... not purely personal gripes”

  9. Sam's Club v. Nat'l Labor Relations Bd.

    173 F.3d 233 (4th Cir. 1999)   Cited 22 times

    Nos. 97-2721, 98-1085 Argued: June 3, 1998 Decided: April 9, 1999 On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. (5-CA-24369, 5-CA-24618, 5-RC-14036) ARGUED: Paul Michael Thompson, HUNTON WILLIAMS, Richmond, Virginia, for Petitioner. Jill Ann Griffin, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent. George Wiszynski, BUTSAVAGE ASSOCIATES, P.C., Washington, D.C., for Intervenor. ON BRIEF: Michael P. Oates, HUNTON WILLIAMS

  10. Pirelli Cable Corp. v. National Labor rel

    141 F.3d 503 (4th Cir. 1998)   Cited 20 times
    Holding that an employer may overcome an unfair labor practice charge if it can show that the employee would have been discharged in the absence of union activity