17 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 657 times 11 Legal AnalysesHolding 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 1,036 times 71 Legal AnalysesHolding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
U.S. v. Kitsap Physicians Service
314 F.3d 995 (9th Cir. 2002) Cited 449 timesHolding that defendants did not engage in spoliation of evidence when records were intentionally destroyed in accordance with a document retention policy and state regulations before litigation commenced
Zimomra v. Alamo Rent-A-Car
522 U.S. 948 (1997) Cited 104 timesHolding that active supervision unnecessary where challenged ordinance left defendants, car rental companies at Denver International Airport, virtually no discretionary authority in setting and collecting usage fees from their customers because usage fee determined by detailed formula
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 AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
W.F. Bolin Co. v. N.L.R.B
70 F.3d 863 (6th Cir. 1995) Cited 48 timesHolding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues
Steam Press Holdings v. Hawaii Teamsters
302 F.3d 998 (9th Cir. 2002) Cited 36 times 1 Legal AnalysesHolding plaintiff estopped from alleging claim for breach of contract, because plaintiff, prior to filing suit, had repudiated contract
Bourne v. N.L.R.B
332 F.2d 47 (2d Cir. 1964) Cited 93 times 1 Legal AnalysesIn Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.
BlueEarth Biofuels, LLC v. Hawaiian Electric Co.
531 F. App'x 784 (9th Cir. 2013) Cited 4 timesNo. 11-16846 D.C. No. 1:09-cv-00181-DAE-KSC 06-21-2013 BLUEEARTH BIOFUELS, LLC, Plaintiff - Appellant, v. HAWAIIAN ELECTRIC COMPANY, INC.; MAUI ELECTRIC COMPANY, LTD.; ALOHA PETROLEUM, LTD.; KARL E. STAHLKOPF, Individually, Defendants - Appellees. NOT FOR PUBLICATION MEMORANDUM This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding
Local Joint Exec. Bd. v. National Labor rel
515 F.3d 942 (9th Cir. 2008) Cited 8 timesNo. 05-75515. Argued and Submitted October 16, 2007. Filed January 28, 2008. Kristin Martin (argued), Richard G. McCracken, Davis, Cowell, Bowe, LLP, San Francisco, CA, for petitioner Local Joint Executive Board of Las Vegas. David A. Seid, Attorney, National Labor Relations Board, Washington, D.C., for the respondent. Brian Herman (argued), Mark J. Ricciardi, Fisher Phillips, LLP, Atlanta, GA, for intervenor Reorganized Aladdin Gaming, LLC. On Petition for Review of an Order of the National Labor
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,335 times 86 Legal AnalysesGranting employees a wage increase without bargaining with Local 355
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,079 times 24 Legal AnalysesFinding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB