§

Sutphin Car Wash-

29-CA-169069 (N.L.R.B. Jan. 9, 2017)
Sutphin Car Wash-

14 Cited authorities

  1. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 655 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 1,036 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. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 446 times   1 Legal Analyses
    Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

  4. Labor Board v. Walton Mfg. Co.

    369 U.S. 404 (1962)   Cited 298 times
    Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

  5. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  6. Multi-Ad Services, Inc. v. N.L.R.B

    255 F.3d 363 (7th Cir. 2001)   Cited 33 times
    Affirming Board's finding of coercive interrogation where an employee was asked "why he would want to bring a union into the company"

  7. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

  8. Mathew Enter., Inc. v. Nat'l Labor Relations Bd.

    771 F.3d 812 (D.C. Cir. 2014)   Cited 6 times   1 Legal Analyses
    Holding that Member Becker's appointment "was constitutionally valid"

  9. Bruce Packing Co. v. Nat'l Labor Relations Bd.

    795 F.3d 18 (D.C. Cir. 2015)   Cited 1 times

    Nos. 12–1054 12–1137. 07-24-2015 BRUCE PACKING COMPANY, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Laborers' International Union of North America, Local No. 296, AFL–CIO, Intervenor. Bryan P. O'Connor argued the cause for petitioner. With him on the briefs were Joseph E. Schuler and Joel J. Borovsky. Nicole Lancia, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy

  10. Hotel Emp. Restaurant Emp. Un. v. N.L.R.B

    760 F.2d 1006 (9th Cir. 1985)   Cited 26 times   6 Legal Analyses
    Affirming Rossmore House, 269 NLRB 1176