Pacific Micronesia Corp.d/b/a Dai-Ichi Hotel Saipan Beach

7 Cited authorities

Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 655 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."
Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 733 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
First National Maintenance Corp. v. Nat'l Labor Relations Bd.
452 U.S. 666 (1981) Cited 270 times 16 Legal Analyses
Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons
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
Torrington Extend-A-Care Emp. Ass'n v. N.L.R.B
17 F.3d 580 (2d Cir. 1994) Cited 30 times
Holding that Board could rely on circumstantial evidence to establish one person's knowledge of another's union activities
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
Pacific Micronesia Corp. v. Nat'l Labor Relations Bd., Page 661
219 F.3d 661 (D.C. Cir. 2000) Cited 8 times 1 Legal Analyses
Explaining that the Board must “present on the record such relevant evidence as a reasonable mind might accept as adequate to support [its] conclusion”

Pacific Micronesia Corp.d/b/a Dai-Ichi Hotel Saipan Beach

7 Cited authorities

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

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."

Fibreboard Corp. v. Labor Board

Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

First National Maintenance Corp. v. Nat'l Labor Relations Bd.

Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons

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

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

Torrington Extend-A-Care Emp. Ass'n v. N.L.R.B

Holding that Board could rely on circumstantial evidence to establish one person's knowledge of another's union activities

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

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

Pacific Micronesia Corp. v. Nat'l Labor Relations Bd., Page 661

Explaining that the Board must “present on the record such relevant evidence as a reasonable mind might accept as adequate to support [its] conclusion”