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Wal-Mart Stores, Inc.

341 N.L.R.B. 796 (N.L.R.B. 2004)
Wal-Mart Stores, Inc.

13 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. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In 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.

  4. 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

  5. Nat'l Labor Relations Bd. v. Thor Power Tool Co.

    351 F.2d 584 (7th Cir. 1965)   Cited 68 times
    Concluding that "when the entire record is considered there was substantial evidence to support the Board's finding that [employee's] discharge was the result of his having presented a grievance to the management" even though employee was overheard referring to company's superintendent as "the horse's ass" and was thereafter summarily discharged

  6. N.L.R.B. v. Champion Lab

    99 F.3d 223 (7th Cir. 1996)   Cited 17 times
    Noting that, "in analyzing [the Board's] application of law to particular facts," this court defers to the Board's inferences and the legal conclusions that it draws from those facts

  7. Abbey's Transp. Services, Inc. v. N.L.R.B

    837 F.2d 575 (2d Cir. 1988)   Cited 25 times
    Finding violation when interrogator was a "lawyer-consultant"

  8. Hotel Emp. Restaurant Emp. Un. v. N.L.R.B

    760 F.2d 1006 (9th Cir. 1985)   Cited 26 times   6 Legal Analyses
    Affirming Rossmore House, 269 NLRB 1176

  9. Nat'l Labor Relations Bd. v. Okun Bros. Shoe Store, Inc.

    825 F.2d 102 (6th Cir. 1987)   Cited 23 times
    In Meehan v. City of Los Angeles, 825 F.2d 102 (9th Cir. 1988), the Ninth Circuit held that two incidents involving alleged unconstitutional harassment did not support the existence of a custom sufficient to establish municipal liability under Monell.

  10. Crown Central Petroleum Corp. v. N.L.R.B

    430 F.2d 724 (5th Cir. 1970)   Cited 40 times
    In Crown Central Petroleum Corp. v. NLRB, 430 F.2d 724 (5th Cir. 1970), which the Board cites, the Fifth Circuit focussed on the context of the misconduct as the key to deciding whether the misconduct was protected by the Act.