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Thomas J. Moyle, Jr. Inc. d/b/a Moyle Construction

18-CA-165458 (N.L.R.B. Sep. 28, 2016)
Thomas J. Moyle, Jr. Inc. d/b/a Moyle Construction

7 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. 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

  3. N.L.R.B. v. Consolidated Bus Transit

    577 F.3d 467 (2d Cir. 2009)   Cited 16 times
    Interpreting similar language in 29 C.F.R. § 101.10 as meaning "that the Board's procedures are to be controlled by the Federal Rules of Civil Procedure as far as practicable" (cleaned up)

  4. Autonation, Inc. v. Nat'l Labor Relations Bd.

    801 F.3d 767 (7th Cir. 2015)   Cited 7 times
    Finding employer's claim that it fired employee due to job abandonment to be a pretext because employer knew that employee had filed for unemployment benefits and was under the impression that he had already been terminated and yet the company did nothing to correct the employee's alleged misimpression

  5. Sears, Roebuck Co. v. N.L.R.B

    349 F.3d 493 (7th Cir. 2003)   Cited 18 times
    Faulting Board for "not identify[ing] a single employee who ... was treated differently than" the terminated union supporter

  6. Vulcan Basement Waterproofing v. N.L.R.B

    219 F.3d 677 (7th Cir. 2000)   Cited 14 times
    Holding that if the General Counsel proves anti-union animus by a preponderance of the evidence, "the employer can then avoid a finding of an unfair labor practice if it can show that it would have taken the action regardless of the employee's union activities"

  7. NATIONAL LABOR RELATIONS BD. v. GATX LOGISTICS

    160 F.3d 353 (7th Cir. 1998)   Cited 6 times

    No. 97-2783. Argued February 24, 1998. Decided September 4, 1998. Published October 30, 1998. This decision was originally issued as an unpublished order. The National Labor Relations Board subsequently filed a motion requesting publication pursuant to Circuit Rule 53(d)(3). The panel has granted that motion, and accordingly its decision is now being re-issued as a published opinion. Application for Enforcement of an Order of the National Labor Relations Board Case No. 33-CA-11015 Christopher W.