Summa Health System

34 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."
Detroit Edison Co. v. Nat'l Labor Relations Bd.
440 U.S. 301 (1979) Cited 227 times 20 Legal Analyses
Holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores
Beth Israel Hospital v. Nat'l Labor Relations Bd.
437 U.S. 483 (1978) Cited 220 times 5 Legal Analyses
Holding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Labor Board v. American Ins. Co.
343 U.S. 395 (1952) Cited 269 times
Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"
Labor Board v. Truitt Mfg. Co.
351 U.S. 149 (1956) Cited 223 times 8 Legal Analyses
Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith
Nat'l Labor Relations Bd. v. Magnavox Co. of Tennessee
415 U.S. 322 (1974) Cited 76 times
In Magnavox, the Board changed its bifurcated rule and adopted the Eighth Circuit's view that the union had no power to waive employee distribution rights on behalf of either itself or another union.
Vulcan Hart Corp.
718 F.2d 269 (8th Cir. 1983) Cited 44 times
Holding “Rule 408 excludes evidence of settlement offers only if such evidence is offered to prove liability for or invalidity of the claim under negotiation”
N.L.R.B. v. McClatchy Newspapers, Inc.
964 F.2d 1153 (D.C. Cir. 1992) Cited 27 times 1 Legal Analyses
Concluding that Toledo and Idaho Statesman emanate from Borg-Warner
Natonal Labor Relations Board v. Columbus Printing Pressmen & Assistants' Union No. 252
543 F.2d 1161 (5th Cir. 1976) Cited 44 times
Holding that interest arbitration clauses "are not enforceable to perpetuate inclusion of [interest] arbitration clauses continuously in contract after contract"

Summa Health System

34 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 NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores

Holding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time

Approving "discovery-type standard"

Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"

Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

In Magnavox, the Board changed its bifurcated rule and adopted the Eighth Circuit's view that the union had no power to waive employee distribution rights on behalf of either itself or another union.

Holding “Rule 408 excludes evidence of settlement offers only if such evidence is offered to prove liability for or invalidity of the claim under negotiation”

Concluding that Toledo and Idaho Statesman emanate from Borg-Warner

Holding that interest arbitration clauses "are not enforceable to perpetuate inclusion of [interest] arbitration clauses continuously in contract after contract"