Santa Maria El Mirado

8 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."
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"
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
Howell Chev. Co. v. Labor Board
346 U.S. 482 (1953) Cited 38 times
Holding that a car retailer is subject to Commerce Clause as an "'integral part' of General Motors' national system of distribution."
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
Pace Industries, Inc. v. Natl. Lab. Rel. Bd.
118 F.3d 585 (8th Cir. 1997) Cited 13 times
No. 96-1643 Submitted December 11, 1996 Filed July 1, 1997 Myron Boe, Little Rock, AR, argued (Mark Alan Peoples, Little Rock, AR, on the brief), for Petitioners/Cross-Respondents. Bruce E. Buchanan, Little Rock, AR, argued (Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Linda Dreeben, Supervisory Attorney, National Labor Relations Board, Washington, DC, on the brief), for Respondent/Cross-Petitioner. Petition
Nat'l Labor Relations Bd. v. Howell Chevrolet Co.
204 F.2d 79 (9th Cir. 1953) Cited 53 times
In National Labor Relations Bd. v. Howell Chevrolet Co., 204 F.2d 79, 86 (9th Cir. 1953), we recognized that "carriage, behavior, bearing, manner and appearance of a witness, — his demeanor, —" may cause the trier of fact to reject uncontradicted testimony.
Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence
Fed. R. Evid. 611 Cited 1,937 times 7 Legal Analyses
Granting trial judge broad discretion to control witness examination

Santa Maria El Mirado

8 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."

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"

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

Holding that a car retailer is subject to Commerce Clause as an "'integral part' of General Motors' national system of distribution."

In National Labor Relations Bd. v. Howell Chevrolet Co., 204 F.2d 79, 86 (9th Cir. 1953), we recognized that "carriage, behavior, bearing, manner and appearance of a witness, — his demeanor, —" may cause the trier of fact to reject uncontradicted testimony.

Granting trial judge broad discretion to control witness examination