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Senior Care at the Fountains

04-CA-031269 (N.L.R.B. Nov. 21, 2003)
Senior Care at the Fountains

6 Cited authorities

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

    462 U.S. 393 (1983)   Cited 657 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. 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"

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

    662 F.2d 899 (1st Cir. 1981)   Cited 358 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. I. M. Electric Co.

    318 U.S. 9 (1943)   Cited 108 times
    In N.L.R.B. v. Indiana Michigan Electric Co., 318 U.S. 9, at page 28, 63 S.Ct. 394, at page 405, 87 L.Ed. 579, the Supreme Court stated the general fundamental principles with respect to findings of fact by the Board, saying that the reviewing court is given discretion to see that before a party's rights are foreclosed his case has been fairly heard, and "Findings cannot be said to have been fairly reached unless material evidence which might impeach, as well as that which will support, its findings, is heard and weighed."

  5. N.L.R.B. v. Rhone-Poulenc, Inc.

    789 F.2d 188 (3d Cir. 1986)   Cited 4 times

    No. 85-3351. Argued March 3, 1986. Decided April 24, 1986. Rehearing and Rehearing En Banc Denied July 15, 1986. DeMaria, Ellis Hunt, Newark, N.J., for respondent; Ronald H. DeMaria, (argued), Peter Petrou, Guy A. Peluso, Jonathan S. Reed, on brief. Kenneth B. Hipp (argued), Deputy Asst. Gen. Counsel, N.L.R.B., Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., for petitioner

  6. American Safety Equipment Corp. v. N.L.R.B

    643 F.2d 693 (10th Cir. 1981)   Cited 3 times

    No. 79-1223. Submitted September 17, 1980. Decided March 3, 1981. Mark W. Atkinson of Paul, Hastings, Janofsky Walker, Los Angeles, Cal., for petitioner. L. Joseph Ferrara, Atty., John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, William R. Stewart, Deputy Asst. Gen. Counsel, N.L.R.B., Washington, D.C., for respondent. Petition for review from the National Labor Relations Board. Before