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Waste Management de Puerto Rico

339 N.L.R.B. 262 (N.L.R.B. 2003)
Waste Management de Puerto Rico

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. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 445 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. Nat'l Labor Relations Bd. v. Bell Aerospace Co.

    416 U.S. 267 (1974)   Cited 759 times   8 Legal Analyses
    Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"

  4. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  5. Nat'l Labor Relations Bd. v. Yeshiva University

    444 U.S. 672 (1980)   Cited 183 times   16 Legal Analyses
    Holding that all faculty members are managers for purposes of federal labor law even though they lack any legal instruments of control

  6. Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America

    511 U.S. 571 (1994)   Cited 97 times   2 Legal Analyses
    Holding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"

  7. 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

  8. Nat'l Labor Relations Bd. v. Hendricks County Rural Electric Membership Corp.

    454 U.S. 170 (1981)   Cited 79 times   2 Legal Analyses
    In Hendricks, the Supreme Court approved the Board's "labor-nexus" rule as determinative of whether or not a worker is to be deemed a confidential employee.

  9. Torbitt Castleman v. Nat'l Labor Relations Bd.

    123 F.3d 899 (6th Cir. 1997)   Cited 17 times
    Stating that an employee's subjective reaction does not render the challenged conduct unlawful

  10. 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"

  11. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,458 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion