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Shamrock Foods Company

366 NLRB No. 107 (N.L.R.B. 2018)
Shamrock Foods Company

12 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. 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

  3. Nat'l Labor Relations Bd. v. Scrivener

    405 U.S. 117 (1972)   Cited 83 times
    Holding that protection from retaliation for "fil[ing] charges or giv[ing] testimony" under the National Labor Relations Act extends to an employee who gave a written sworn statement to an NLRB examiner

  4. Bally's Park Place Inc. v. Nat'l Labor Relations Bd.

    646 F.3d 929 (D.C. Cir. 2011)   Cited 42 times
    Finding unlawful motive where employee's discharge came only days after manager observed him at pro-union rally

  5. W.F. Bolin Co. v. N.L.R.B

    70 F.3d 863 (6th Cir. 1995)   Cited 48 times
    Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues

  6. Fallbrook Hosp. Corp. v. Nat'l Labor Relations Bd.

    785 F.3d 729 (D.C. Cir. 2015)   Cited 10 times
    Upholding relief to CNA for Fallbrook's refusal to bargain in good faith

  7. Reno Hilton Resorts v. N.L.R.B

    196 F.3d 1275 (D.C. Cir. 1999)   Cited 23 times
    Concluding that "[t]he timing of the decision to contract out is suspect" where it "came on the heels of heavy union activity" and the employer knew of the purported rationale for its subcontracting decision long before it implemented that decision

  8. Autonation, Inc. v. Nat'l Labor Relations Bd.

    801 F.3d 767 (7th Cir. 2015)   Cited 7 times
    Finding employer's claim that it fired employee due to job abandonment to be a pretext because employer knew that employee had filed for unemployment benefits and was under the impression that he had already been terminated and yet the company did nothing to correct the employee's alleged misimpression

  9. Shamrock Foods Company v. N.L.R.B

    346 F.3d 1130 (D.C. Cir. 2003)   Cited 16 times   1 Legal Analyses
    Holding that "Wright Line is inapplicable to cases . . . in which the employer has discharged the employee because of alleged misconduct in the course of protected activity"

  10. Cadbury Beverages v. N.L.R.B

    160 F.3d 24 (D.C. Cir. 1998)   Cited 20 times
    Holding that it was “not incumbent on the general counsel to prove, nor on the Board to find, that the company's asserted nondiscriminatory reason of insubordination was pretextual ... although such a showing would have served as a conclusive rejection of [the company's] affirmative defense”

  11. 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