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Tomatek, Inc.

6 Cited authorities

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

    462 U.S. 393 (1983)   Cited 657 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. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 450 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

  3. 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

  4. Southwest Merchandising Corp. v. N.L.R.B

    53 F.3d 1334 (D.C. Cir. 1995)   Cited 38 times
    Holding that the jury could infer pretext and unlawful discrimination from an employer's shifting and inconsistent explanations for its action

  5. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

  6. Schaeff Inc. v. National Labor Relations Bd.

    113 F.3d 264 (D.C. Cir. 1997)   Cited 13 times

    No. 96-1190 Argued February 10, 1997 Decided May 27, 1997 Gerald M. Richardson, St. Louis, MO, argued the cause, for petitioner. Angela M. Washington, Attorney, National Labor Relations Board, argued the cause, for respondent. Linda R. Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Frederick C. Havard, Attorney, National Labor Relations Board, were on brief. David A. Seid, Attorney, Washington, DC, National Labor Relations Board, entered an appearance