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."
Holding that employer engaged in surface bargaining despite the fact employer had attended six bargaining sessions with union, commented on proposals, offered counterproposals, and maintained bargaining stance that had at least some merit, because vice president of employer expressly stated that employer would not sign contract with union, openly threatened to shut down terminal in order to defeat union, and implied that employer would force strike situation and permanently dismiss those employees who left to join picket lines
In N.L.R.B. v. Johnnie's Poultry Co., 8 Cir., 344 F.2d 617, we recognized that an employer has no vested right to insist that union representation be established by a Board conducted election but we further held that an employer acting in good faith belief that a union lacked majority representation was not required to recognize and bargain with the union until such doubt was resolved.