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Scotch & Sirloin Restaurant

269 N.L.R.B. 436 (N.L.R.B. 1984)
Scotch & Sirloin Restaurant

11 Cited authorities

  1. Mt. Healthy City Board of Ed. v. Doyle

    429 U.S. 274 (1977)   Cited 9,013 times   6 Legal Analyses
    Holding if a plaintiff can show a prima facie case of First Amendment retaliation, the district court should go on to determine whether the defendant has shown "by a preponderance of the evidence that it would have reached the same decision ... even in the absence of the protected conduct"

  2. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 648 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."

  3. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 355 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  4. Labor Board v. Reliance Fuel Corp.

    371 U.S. 224 (1963)   Cited 133 times
    In Reliance Fuel Oil Corp., the Board found that Reliance Fuel Oil Corp. ("Reliance"), a New York corporation engaged in the business of selling fuel oil for heating purposes and servicing oil burners and boilers, was engaged in commerce within the meaning of the NLRA because it had "purchased a substantial amount of fuel oil from Gulf, a company concededly engaged in interstate commerce."

  5. J.P. Stevens Co., Inc. v. N.L.R.B

    461 F.2d 490 (4th Cir. 1972)   Cited 60 times
    Inquiring whether substantial evidence supported a finding that a benefit announcement was timed to "give [employees] cause to infer that the benefit might be withdrawn or future benefits withheld should they select a union to represent them"

  6. Nat'l Labor Relations Bd. v. Lloyd A. Fry Roofing Co., Inc. of Delaware

    651 F.2d 442 (6th Cir. 1981)   Cited 28 times
    In NLRB v. Lloyd A. Fry Roofing Co., 651 F.2d 442 (6th Cir. 1981), the court recited the Wright Line test but did not analyze it.

  7. Behring Intern., Inc. v. N.L.R.B

    675 F.2d 83 (3d Cir. 1982)   Cited 24 times
    In Behring International v. NLRB, supra, we held that the Board's rule shifting the burden of proof to the employer to show a legitimate reason for a discharge once a prima facie case had been made out of a discharge for engaging in protected activity was inconsistent with section 10(c) of the National Labor Relations Act, 29 U.S.C. ยง 160(c) (1976).

  8. N.L.R.B. v. Fixtures Mfg. Corp.

    669 F.2d 547 (8th Cir. 1982)   Cited 20 times
    In NLRB v. Fixtures Manufacturing Corp., 669 F.2d 547 (8th Cir. 1982), the Eighth Circuit rejected the First Circuit's approach and approved the Board's burden-shifting rule as within the latitude it should have in structuring its fact-finding process.

  9. N.L.R.B. v. Webb Ford, Inc.

    689 F.2d 733 (7th Cir. 1982)   Cited 18 times
    Rejecting shifting of burden of persuasion

  10. Zurn Industries, Inc. v. Nat'l Labor Relations Bd.

    680 F.2d 683 (9th Cir. 1982)   Cited 13 times

    Nos. 81-7219, 81-7331. Argued and Submitted April 7, 1982. Decided July 2, 1982. Rehearing and Rehearing En Banc Denied October. 8, 1982. William B. Moore, Ferguson Burdell, Seattle, Wash., for petitioner. Lawrence Blatnik, N.L.R.B., Washington, D.C., argued, for respondent; Andrew F. Tranovich, N.L.R.B., Washington, D.C., on brief. On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Before HUG and SKOPIL, Circuit Judges, and SCHWARZER,