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State Materials

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. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. 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

  4. Franks Bros. Co. v. Labor Board

    321 U.S. 702 (1944)   Cited 252 times   1 Legal Analyses
    Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.

  5. Ealey v. City of Detroit

    479 U.S. 931 (1986)   Cited 65 times
    Granting motion to compel arbitration of defamation claims based on statements made on day of plaintiffs' resignation and after termination of plaintiffs' employment, under broad arbitration clause calling for arbitration of claims "respecting any matter contained in" plaintiff's employment agreement

  6. Mason v. United States

    244 U.S. 362 (1917)   Cited 187 times
    In Mason v. United States, 244 U.S. 362, 37 S.Ct. 621, 61 L.Ed. 1198 (1917), the Court affirmed a trial Court ruling requiring a witness to testify in a grand jury gambling investigation despite that witness' invocation of the privilege.

  7. Flamingo Hilton-Laughlin v. Nat'l Labor Relations Bd.

    148 F.3d 1166 (D.C. Cir. 1998)   Cited 15 times
    Concluding that statements such as "loss to employees was an inevitable consequence of their unionizing" are "partisan, but largely permissible"

  8. Indiana Cal-Pro, Inc. v. N.L.R.B

    863 F.2d 1292 (6th Cir. 1988)   Cited 22 times
    Holding that the NLRB possessed substantial evidence supporting the conclusion that a supervisor violated § 158 when he told employees that he heard from ownership that unionization would lead to the owners shutting down the plant

  9. Bandag, Inc. v. N.L.R.B

    583 F.2d 765 (5th Cir. 1978)   Cited 21 times
    Enforcing Gissel Order where employer interrogated employees, threatened to curtail plant expansion or close the plant, terminated an employee who was leading the unionization efforts, and promised a wage increase if the union lost

  10. N.L.R.B. v. Gordon

    792 F.2d 29 (2d Cir. 1986)   Cited 13 times
    Enforcing bargaining order after one-hundred percent turnover