Overnite Transportation Co.

18 Cited authorities

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."
Metropolitan Edison Co. v. Nat'l Labor Relations Bd.
460 U.S. 693 (1983) Cited 311 times 8 Legal Analyses
Holding that a union may, under certain circumstances, waive members' NLRA rights
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
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
United Air Lines v. Intern. Ass'n of Machinist
243 F.3d 349 (7th Cir. 2001) Cited 46 times
Holding that union had duty under Section 2 (First) to control employee behavior and prevent "wildcatting"
Turnbull Cone Baking Co. v. N.L.R.B
778 F.2d 292 (6th Cir. 1985) Cited 51 times
In Turnbull Cone, we unequivocally established that "[c]ircumstantial evidence alone may be sufficient" to prove a section 8(a)(3) transgression.
N.L.R.B. v. Camco, Incorporated
340 F.2d 803 (5th Cir. 1965) Cited 76 times
Holding that knowledge of union activities could be inferred from the fact that an employer discharged eleven of sixteen union adherents without discharging any of its remaining seventy-four employees
Allegheny Ludlum Corporation v. N.L.R.B
104 F.3d 1354 (D.C. Cir. 1997) Cited 21 times 1 Legal Analyses
In Allegheny Ludlum, however, we upheld an unfair labor practice violation where the employer warned it would "no longer find ways" to avoid laying off employees if they joined a union.
Birch Run Welding Fabricating, v. N.L.R.B
761 F.2d 1175 (6th Cir. 1985) Cited 35 times
Ordering general layoffs to discourage or retaliate against union activity is unlawful discrimination, even though some employees opposed to the union were laid-off as well
Nat'l Labor Relations Bd. v. E.I. DuPont de Nemours
750 F.2d 524 (6th Cir. 1984) Cited 33 times
Finding that a supervisor's act of questioning an employee as to why he supported the union, as well as the supervisor's statement to the employee that he had supervisor potential if he did not support the union, rose to the level of coercive conduct

Overnite Transportation Co.

18 Cited authorities

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."

Holding that a union may, under certain circumstances, waive members' NLRA rights

Approving "discovery-type standard"

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

Holding that union had duty under Section 2 (First) to control employee behavior and prevent "wildcatting"

In Turnbull Cone, we unequivocally established that "[c]ircumstantial evidence alone may be sufficient" to prove a section 8(a)(3) transgression.

Holding that knowledge of union activities could be inferred from the fact that an employer discharged eleven of sixteen union adherents without discharging any of its remaining seventy-four employees

In Allegheny Ludlum, however, we upheld an unfair labor practice violation where the employer warned it would "no longer find ways" to avoid laying off employees if they joined a union.

Ordering general layoffs to discourage or retaliate against union activity is unlawful discrimination, even though some employees opposed to the union were laid-off as well

Finding that a supervisor's act of questioning an employee as to why he supported the union, as well as the supervisor's statement to the employee that he had supervisor potential if he did not support the union, rose to the level of coercive conduct