Remington Lodging & Hospitality LLC d/b/a The Sheraton Anchorage

50 Cited authorities

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."
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
Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
First National Maintenance Corp. v. Nat'l Labor Relations Bd.
452 U.S. 666 (1981) Cited 269 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
Rickards v. Canine Eye Registration Foundation
464 U.S. 994 (1983) Cited 190 times 1 Legal Analyses
Stating that the plaintiff "at all times retains the burden of persuasion"
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Labor Board v. Babcock Wilcox Co.
351 U.S. 105 (1956) Cited 294 times 19 Legal Analyses
Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot
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

Remington Lodging & Hospitality LLC d/b/a The Sheraton Anchorage

50 Cited authorities

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."

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 "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

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

Stating that the plaintiff "at all times retains the burden of persuasion"

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot

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