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."

Nat'l Labor Relations Bd. v. Gissel Packing Co.

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Labor Board v. Parts Co.

Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

Linden Lumber Division, Summer & Co. v. Nat'l Labor Relations Bd.

Recognizing "that while the election process has acknowledged superiority in ascertaining whether a union has majority support, [signed employee authorization] cards may adequately reflect employee sentiment"

N.L.R.B. v. Res-Care, Inc.

Finding significant the fact that a nurse "cannot cause a nurse's aide to be fired by giving her a poor evaluation or cause her to be promoted by giving her a superlative evaluation"

N.L.R.B. v. Jamaica Towing, Inc.

Holding that "hallmark" violations of NLRA "include such employer misbehavior as the closing of a plant or threats of plant closure or loss of employment, the grant of benefits to employees, or the reassignment, demotion or discharge of union adherents" and lesser violations "include such employer misconduct as interrogating employees regarding their union sympathies, holding out a `carrot' of promised benefits, expressing anti-union resolve, threatening that unionization will result in decreased benefits, or suggesting that physical force might be used to exclude the union"

N.L.R.B. v. Armcor Industries, Inc.

Denying enforcement of bargaining orders

Peerless of America, Inc. v. N.L.R.B

In Peerless, we stated that the Board's decision to issue such an order must be accompanied by "`specific findings' as to the immediate and residual impact of unfair labor practices on the election process... and `a detailed analysis' assessing the possibility of holding a fair election... and the potential effectiveness of ordinary remedies."

Kaynard v. MMIC, Inc.

Rejecting argument that two-month delay negated need for interim relief

N.L.R.B. v. Kaiser Agr. Chem., Div. of Kaiser