§

Rogers Electric, Inc.

346 N.L.R.B. 508 (N.L.R.B. 2006)
Rogers Electric, Inc.

10 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. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. 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

  4. 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

  5. FPC Holdings, Inc. v. Nat'l Labor Relations Bd.

    64 F.3d 935 (4th Cir. 1995)   Cited 23 times
    Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior

  6. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

  7. Nat'l Labor Relations Bd. v. Cell Agricultural Manufacturing Co.

    41 F.3d 389 (8th Cir. 1994)   Cited 10 times
    Concluding that “overwhelming evidence” showed the certified unit was inappropriate and the record “support[ed] only one plausible conclusion”—that the appropriate bargaining unit needed to include other employees

  8. Uniroyal Technology Corp. v. Nat'l Labor Relations Bd.

    151 F.3d 666 (7th Cir. 1998)   Cited 2 times
    Noting that union activist's “glowing performance reviews” and willingness to fill in on overtime shifts factored into the analysis of whether union activity was a motivating factor in discharge

  9. Neptune Water Meter Co. v. N.L.R.B

    551 F.2d 568 (4th Cir. 1977)   Cited 18 times
    In Neptune Water Meter Co. v. NLRB, 551 F.2d 568 (4th Cir. 1977) the Court of Appeals held that while discriminatory motivation need only be a factor in the discharge of an employee for the NLRB to find an unfair labor practice, "an unfair labor practice may be found only if there is a basis in the record for a finding that the employee would not have been discharged..except for the fact of his union activity."

  10. N.L.R.B. v. Limestone Apparel Corp.

    705 F.2d 799 (6th Cir. 1982)   Cited 3 times

    No. 81-1693. October 29, 1982. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for petitioner. Jacob Oliner, Oliner Oliner, New York City, for respondent. Petition to Enforce an Order of the National Labor Relations Board. Before LIVELY, KRUPANSKY and WELLFORD, Circuit Judges. ORDER This cause comes before the Court upon the motion of the intervenor, International Ladies' Garment Workers' Union, for an order enforcing the order of the National Labor Relations Board in Limestone