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20 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."
Metropolitan Edison Co. v. Nat'l Labor Relations Bd.
460 U.S. 693 (1983) Cited 311 times 8 Legal Analyses
Holding that a union may, under certain circumstances, waive members' NLRA rights
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 322 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Hunter Douglas, Inc. v. N.L.R.B
804 F.2d 808 (3d Cir. 1986) Cited 423 times
Timing and departure from past practice indicates unlawful motive
Labor Board v. Parts Co.
375 U.S. 405 (1964) Cited 213 times 1 Legal Analyses
Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”
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
Labor Board v. Link-Belt Co.
311 U.S. 584 (1941) Cited 338 times
Finding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"
Textile Workers v. Darlington Co.
380 U.S. 263 (1965) Cited 168 times 6 Legal Analyses
Holding that an employer has the absolute right, at least as far as the NLRA is concerned, to terminate his entire business for any reason
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
Turnbull Cone Baking Co. v. N.L.R.B
778 F.2d 292 (6th Cir. 1985) Cited 51 times
In Turnbull Cone, we unequivocally established that "[c]ircumstantial evidence alone may be sufficient" to prove a section 8(a)(3) transgression.
Section 1625.23 - Waivers of rights and claims: Tender back of consideration
29 C.F.R. § 1625.23 Cited 21 times 1 Legal Analyses
Precluding any waiver provisions that penalize a party for challenging the validity of a waiver

SMYRNA READY MIX CONCRETE, LLC

20 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 a union may, under certain circumstances, waive members' NLRA rights

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Timing and departure from past practice indicates unlawful motive

Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

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

Finding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"

Holding that an employer has the absolute right, at least as far as the NLRA is concerned, to terminate his entire business for any reason

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

In Turnbull Cone, we unequivocally established that "[c]ircumstantial evidence alone may be sufficient" to prove a section 8(a)(3) transgression.

Precluding any waiver provisions that penalize a party for challenging the validity of a waiver