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Power Services Company

04-CA-032939 (N.L.R.B. Mar. 17, 2006)
Power Services Company

9 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. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  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. 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

  5. E.C. Waste, Inc. v. N.L.R.B

    359 F.3d 36 (1st Cir. 2004)   Cited 23 times
    Holding suspicious timing and "myriad violations of § 8" was substantial evidence supporting Board's finding of animus

  6. Meco Corp. v. Nat'l Labor Relations Bd.

    986 F.2d 1434 (D.C. Cir. 1993)   Cited 21 times

    No. 91-1494. Argued November 5, 1992. Decided March 9, 1993. James V. Meath, Richmond, VA, was on the brief, for petitioner. Nancy J. Gottfried, with whom Peter Winkler, Supervisory Atty., and Aileen A. Armstrong, Deputy Associate General Counsel, Washington, DC, were on the brief for respondent. Petition for Review of an Order of the National Labor Relations Board. Before SILBERMAN, WILLIAMS, and D.H. GINSBURG, Circuit Judges. Opinion for the Court filed by Circuit Judge D.H. GINSBURG. D.H. GINSBURG

  7. Sasol North America Inc. v. N.L.R.B

    275 F.3d 1106 (D.C. Cir. 2002)   Cited 9 times
    Rejecting the Board's reliance on "two statements" that "do not even remotely constitute evidence of a ‘threat of reprisal or force or promise of benefit’ " (quoting 29 U.S.C. § 158(c) )

  8. Trompler, Inc. v. N.L.R.B

    338 F.3d 747 (7th Cir. 2003)   Cited 7 times   1 Legal Analyses
    In Trompler, an employer fired six employees who walked off a shift because their shift supervisor "failed to prevent sexual harassment of one of the six workers by another [who had not joined the walkout]," "failed to deal competently with a worker's drug problem," and "didn't know how to operate the machines used by the workers."

  9. International Paper Co. v. Nat'l Labor Relations Bd.

    115 F.3d 1045 (D.C. Cir. 1997)   Cited 3 times

    No. 95-1606 Argued October 24, 1996 Decided June 27, 1997 Stephen M. Shapiro argued the cause for the petitioner. Timothy S. Bishop and Andrew E. Zelman were on brief. Evan M. Tager entered an appearance. David A. Fleischer, Attorney, National Labor Relations Board, argued the cause for the respondent. Linda R. Sher, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, were on brief. Robert D. Kurnick argued the cause for the intervenors and for amicus curiae AFL-CIO