Sheet Metal Workers Local Union 85 (The Logistics Company, Inc.)

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."
Radio Officers v. Labor Board
347 U.S. 17 (1954) Cited 470 times 1 Legal Analyses
Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"
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
Good Samaritan Med. Ctr. v. Nat'l Labor Relations Bd.
858 F.3d 617 (1st Cir. 2017) Cited 10 times
Nos. 15-1347 15-1412 Nos. 15-1877 15-1941 05-31-2017 GOOD SAMARITAN MEDICAL CENTER, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner. National Labor Relations Board, Petitioner, Cross-Respondent, v. 1199 SEIU United Healthcare Workers East, Respondent, Cross-Petitioner. Joseph W. Ambash, Boston, MA, with whom Reyburn W. Lominack, III and Fisher & Phillips LLP, Columbia, SC, were on brief, for Good Samaritan Medical Center. Betsy Ehrenberg, with whom Pyle
Int'l Union v. Nat'l Labor Relations Bd.
844 F.3d 590 (6th Cir. 2016) Cited 8 times
Recognizing three routes by which a union may be found to have breached its duty of fair representation: by conduct that is "arbitrary, discriminatory, or in bad faith"
Sheet Metal Workers' Int'l Ass'n v. N.L.R.B
716 F.2d 1249 (9th Cir. 1983) Cited 26 times
Holding summary judgment should be denied "where the movant's papers are insufficient on their face or themselves demonstrate the existence of a material issue of fact"
Local No. 111 v. N.L.R.B
946 F.2d 1264 (7th Cir. 1991) Cited 10 times
Finding that 42 years of congressional inaction with regards to a National Labor Relations Board rule "can be read as endorsement of the Board's exercise of discretion" rather than "approval of a restriction" in the Board's authority
N.L.R.B. v. Int'l U. of Operating Engineers
555 F.2d 552 (6th Cir. 1977) Cited 3 times
In N.L.R.B. v. International Union of Operating Engineers, Local 18, 555 F.2d 552, 553-54 (6th Cir. 1977), the court found that a union did not violate Section 158(b)(2) when it diminished the seniority rights of a member who attempted to sabotage an ongoing union election.

Sheet Metal Workers Local Union 85 (The Logistics Company, Inc.)

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."

Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"

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

Recognizing three routes by which a union may be found to have breached its duty of fair representation: by conduct that is "arbitrary, discriminatory, or in bad faith"

Holding summary judgment should be denied "where the movant's papers are insufficient on their face or themselves demonstrate the existence of a material issue of fact"

Finding that 42 years of congressional inaction with regards to a National Labor Relations Board rule "can be read as endorsement of the Board's exercise of discretion" rather than "approval of a restriction" in the Board's authority

In N.L.R.B. v. International Union of Operating Engineers, Local 18, 555 F.2d 552, 553-54 (6th Cir. 1977), the court found that a union did not violate Section 158(b)(2) when it diminished the seniority rights of a member who attempted to sabotage an ongoing union election.