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RCC Fabricators, Inc.

352 N.L.R.B. 701 (N.L.R.B. 2008)
RCC Fabricators, Inc.

19 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. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  3. Nat'l Labor Relations Bd. v. Yeshiva University

    444 U.S. 672 (1980)   Cited 183 times   16 Legal Analyses
    Holding that all faculty members are managers for purposes of federal labor law even though they lack any legal instruments of control

  4. Interstate Circuit v. U.S.

    306 U.S. 208 (1939)   Cited 512 times   5 Legal Analyses
    Holding proof of an explicit agreement unnecessary to establish antitrust conspiracy among movie distributors where, "knowing that concerted action was contemplated and invited, the distributors gave their adherence to the scheme and participated in it"

  5. Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America

    511 U.S. 571 (1994)   Cited 97 times   2 Legal Analyses
    Holding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"

  6. 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

  7. N.L.R.B. v. McCullough Environmental Serv

    5 F.3d 923 (5th Cir. 1993)   Cited 98 times
    Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat

  8. Multi-Ad Services, Inc. v. N.L.R.B

    255 F.3d 363 (7th Cir. 2001)   Cited 33 times
    Affirming Board's finding of coercive interrogation where an employee was asked "why he would want to bring a union into the company"

  9. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

  10. Hotel Emp. Restaurant Emp. Un. v. N.L.R.B

    760 F.2d 1006 (9th Cir. 1985)   Cited 26 times   6 Legal Analyses
    Affirming Rossmore House, 269 NLRB 1176

  11. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,905 times   36 Legal Analyses
    Stating that evidence is relevant when "it has any tendency to make a fact more or less probable"

  12. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,213 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”