Trump Marina Hotel Casino

12 Cited authorities

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."
Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,035 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"
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
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
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
Perdue Farms, Inc. v. Nat. Lbr. Relations Bd.
144 F.3d 830 (D.C. Cir. 1998) Cited 28 times
Deferring to agency's resolution of contradictory evidence
United Services Auto. Ass'n v. N.L.R.B
387 F.3d 908 (D.C. Cir. 2004) Cited 17 times
Applying Essex rule where company banned solicitation and distribution “at any time in the work area and only during nonworking hours in non-work areas”
Nat'l Labor Relations Bd. v. Adco Electric Inc.
6 F.3d 1110 (5th Cir. 1993) Cited 20 times
Holding that employee "recommend[ing] someone for hire and [bringing] problems with apprentice employees to the attention of [his superior] is nothing more than what [the employer] would expect from experienced employees"
Kux Manufacturing Co. v. Nat'l Labor Relations Bd.
890 F.2d 804 (6th Cir. 1989) Cited 20 times
Finding conduct of members of in-plant organizing committee not attributable to union
N.L.R.B. v. Hood Furniture Mfg. Co.
941 F.2d 325 (5th Cir. 1991) Cited 13 times
Affirming Board's finding that third-party conduct did not justify setting aside election results even when terminated employees told former coworkers waiting in line to vote that they "kn[e]w damn well the way" they were "supposed to vote"

Trump Marina Hotel Casino

12 Cited authorities

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 a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Deferring to agency's resolution of contradictory evidence

Applying Essex rule where company banned solicitation and distribution “at any time in the work area and only during nonworking hours in non-work areas”

Holding that employee "recommend[ing] someone for hire and [bringing] problems with apprentice employees to the attention of [his superior] is nothing more than what [the employer] would expect from experienced employees"

Finding conduct of members of in-plant organizing committee not attributable to union

Affirming Board's finding that third-party conduct did not justify setting aside election results even when terminated employees told former coworkers waiting in line to vote that they "kn[e]w damn well the way" they were "supposed to vote"