512 U.S. 821 (1994) Cited 1,431 times 2 Legal Analyses
Holding that a court's imposition of a fine is punitive if the contemnor has no opportunity to purge it through some action other than full payment once imposed
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."
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
380 U.S. 300 (1965) Cited 350 times 4 Legal Analyses
Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful
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
373 U.S. 221 (1963) Cited 358 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
356 U.S. 342 (1958) Cited 296 times 1 Legal Analyses
Holding employer's insistence on a ballot clause was an unfair labor practice under § 8 because it was a non-mandatory subject of bargaining and it "substantially modifies the collective-bargaining system provided for in the statute by weakening the independence of the 'representative' chosen by the employees. It enables the employer, in effect, to deal with its employees rather than with their statutory representative."
In Laney Duke, the ALJ had ordered the employer to read the notice to any employee who requested it, but the Board had expanded this to require a reading to all employees, singly or collectively, whether or not requested. The Fifth Circuit denied enforcement because it considered this remedy "unnecessarily embarrassing and humiliating to management rather than effectuating the policies of the Act."