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Superior Coal Co.

295 N.L.R.B. 439 (N.L.R.B. 1989)
Superior Coal Co.

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. N.L.R.B. v. Fort Vancouver Plywood Co.

    604 F.2d 596 (9th Cir. 1979)   Cited 42 times
    In Fort Vancouver, we noted that the Board's order required the reinstatement of exactly 72 discharged workers, leaving no possibility for the employer to litigate whether or not the workers would have been laid off in spite of the violations.

  5. N.L.R.B. v. Security Guard Service, Inc.

    384 F.2d 143 (5th Cir. 1967)   Cited 53 times   1 Legal Analyses
    Recognizing "the standard reluctance to apply [a statutory] exception broadly"

  6. Behring Intern., Inc. v. N.L.R.B

    675 F.2d 83 (3d Cir. 1982)   Cited 24 times
    In Behring International v. NLRB, supra, we held that the Board's rule shifting the burden of proof to the employer to show a legitimate reason for a discharge once a prima facie case had been made out of a discharge for engaging in protected activity was inconsistent with section 10(c) of the National Labor Relations Act, 29 U.S.C. § 160(c) (1976).

  7. N.L.R.B. v. Webb Ford, Inc.

    689 F.2d 733 (7th Cir. 1982)   Cited 18 times
    Rejecting shifting of burden of persuasion

  8. American Mfg. Assoc., Inc. v. N.L.R.B

    594 F.2d 30 (4th Cir. 1979)   Cited 8 times

    No. 78-1087. Argued December 7, 1978. Decided March 8, 1979. John Haworth, High Point, N.C. (Haworth, Riggs, Kuhn, Haworth Miller, High Point, N.C., on brief), for petitioner. Arnold B. Podgorsky, N.L.R.B., Washington, D.C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, John H. Ferguson, N.L.R.B., Washington, D.C., on brief), for respondent. Petition for review of order from the National

  9. Hambre Hombre Enterprises, Inc. v. N.L.R.B

    581 F.2d 204 (9th Cir. 1978)   Cited 6 times

    No. 77-1613. July 12, 1978. Rehearing Denied September 5, 1978. Ralph M. Segura, Walnut Creek, Cal., for petitioner. Paul J. Spielberg (argued), Elliott Moore, Washington, D.C., for respondent. Petition to Review Final Order of the National Labor Relations Board and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Before SNEED and TANG, Circuit Judges, and ORRICK, District Judge. Honorable William H. Orrick, United States District Judge for the Northern District

  10. Nat'l Labor Relations Bd. v. Midwest Hanger Co.

    474 F.2d 1155 (8th Cir. 1973)   Cited 7 times

    No. 72-1115. Submitted November 13, 1972. Decided February 20, 1973. Rehearing and Rehearing En Banc Denied March 15, 1973. Jonathan Axelrod, Atty., N.L.R.B., Washington, D.C., for petitioner. John A. McGuinn, Washington, D.C., for respondent. Petition for review from the National Labor Relations Board. Before GIBSON and LAY, Circuit Judges, and DURFEE, Court of Claims Judge. United States Court of Claims Judge sitting by designation. GIBSON, Circuit Judge. The National Labor Relations Board seeks

  11. Section 6621 - Determination of rate of interest

    26 U.S.C. § 6621   Cited 1,874 times   23 Legal Analyses
    Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

  12. Section 662 - Inclusion of amounts in gross income of beneficiaries of estates and trusts accumulating income or distributing corpus

    26 U.S.C. § 662   Cited 81 times   5 Legal Analyses

    (a) Inclusion Subject to subsection (b), there shall be included in the gross income of a beneficiary to whom an amount specified in section 661(a) is paid, credited, or required to be distributed (by an estate or trust described in section 661), the sum of the following amounts: (1) Amounts required to be distributed currently The amount of income for the taxable year required to be distributed currently to such beneficiary, whether distributed or not. If the amount of income required to be distributed