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The Roomstore

28-CA-022404 (N.L.R.B. Apr. 16, 2010)
The Roomstore

13 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. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  3. Eastex, Inc. v. Nat'l Labor Relations Bd.

    437 U.S. 556 (1978)   Cited 196 times   13 Legal Analyses
    Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity

  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. Labor Board v. Babcock Wilcox Co.

    351 U.S. 105 (1956)   Cited 294 times   19 Legal Analyses
    Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot

  6. Romano v. Merrill Lynch, Pierce, Fenner Smith

    487 U.S. 1205 (1988)   Cited 105 times   6 Legal Analyses
    Upholding conclusion that employees classified as department managers did not meet executive exemption

  7. Labor Bd. v. Washington Aluminum Co.

    370 U.S. 9 (1962)   Cited 206 times   3 Legal Analyses
    Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

  8. 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

  9. 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.

  10. Prill v. N.L.R.B

    835 F.2d 1481 (D.C. Cir. 1987)   Cited 27 times   8 Legal Analyses
    Recognizing that an employee takes concerted action “when he acts with the actual participation or on the authority of his co-workers”