Phoenix Newspapers, Inc.

25 Cited authorities

Mt. Healthy City Board of Ed. v. Doyle
429 U.S. 274 (1977) Cited 9,174 times 7 Legal Analyses
Holding if a plaintiff can show a prima facie case of First Amendment retaliation, the district court should go on to determine whether the defendant has shown "by a preponderance of the evidence that it would have reached the same decision ... even in the absence of the protected conduct"
Alexander v. Gardner-Denver Co.
415 U.S. 36 (1974) Cited 2,876 times 18 Legal Analyses
Holding that workers may bring Title VII discrimination claims in federal court notwithstanding an arbitration provision in a CBA
Barrentine v. Ark.-Best Freight Sys.
450 U.S. 728 (1981) Cited 1,697 times 19 Legal Analyses
Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA
Bill Johnson's Restaurants, Inc. v. Nat'l Labor Relations Bd.
461 U.S. 731 (1983) Cited 978 times 17 Legal Analyses
Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law
Letter Carriers v. Austin
418 U.S. 264 (1974) Cited 609 times 5 Legal Analyses
Holding that a union newsletter's description of a “scab” as a “traitor” could not be construed as a factual assertion
Linn v. Plant Guard Workers
383 U.S. 53 (1966) Cited 732 times 16 Legal Analyses
Holding as preempted all defamation actions in labor disputes except those published with actual malice
Eastex, Inc. v. Nat'l Labor Relations Bd.
437 U.S. 556 (1978) Cited 196 times 13 Legal Analyses
Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity
Emporium Capwell Co. v. Western Addition Community Organization
420 U.S. 50 (1975) Cited 125 times 2 Legal Analyses
Holding that wildcat strikers are bargaining separately and are therefore not protected by the NLRA
Oburn v. Shapp
521 F.2d 142 (3d Cir. 1975) Cited 246 times 1 Legal Analyses
Holding that while "[i]t is not necessary that the moving party's right to a final decision after trial be wholly without doubt . . . the burden is on the party seeking relief to make a [p]rima facie case showing a reasonable probability that it will prevail on the merits."
Labor Board v. Burnup Sims
379 U.S. 21 (1964) Cited 106 times 21 Legal Analyses
Finding violation of § 8 "whatever the employer's motive"

Phoenix Newspapers, Inc.

25 Cited authorities

Holding if a plaintiff can show a prima facie case of First Amendment retaliation, the district court should go on to determine whether the defendant has shown "by a preponderance of the evidence that it would have reached the same decision ... even in the absence of the protected conduct"

Holding that workers may bring Title VII discrimination claims in federal court notwithstanding an arbitration provision in a CBA

Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA

Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law

Holding that a union newsletter's description of a “scab” as a “traitor” could not be construed as a factual assertion

Holding as preempted all defamation actions in labor disputes except those published with actual malice

Holding that wildcat strikers are bargaining separately and are therefore not protected by the NLRA

Holding that while "[i]t is not necessary that the moving party's right to a final decision after trial be wholly without doubt . . . the burden is on the party seeking relief to make a [p]rima facie case showing a reasonable probability that it will prevail on the merits."

Finding violation of § 8 "whatever the employer's motive"