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Waste Stream Management

315 N.L.R.B. 1099 (N.L.R.B. 1994)
Waste Stream Management

40 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. 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"

  3. Labor Board v. Parts Co.

    375 U.S. 405 (1964)   Cited 213 times   1 Legal Analyses
    Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

  4. 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

  5. I.A. of M. v. Labor Board

    311 U.S. 72 (1940)   Cited 317 times
    In International Ass'n of Machinists v. N.L.R.B., 1940, 311 U.S. 72, 61 S.Ct. 83, 85 L. Ed. 50, there had been a long history of management favoritism to the established and hostility to the aspiring union; and in Franks Bros. Co. v. N.L.R.B., 1944, 321 U.S. 702, 703, 64 S.Ct. 817, 818, 88 L.Ed. 1020, the employer had "conducted an aggressive campaign against the Union, even to the extent of threatening to close its factory if the union won the election."

  6. Nat'l Labor Relations Bd. v. E.I. DuPont de Nemours

    750 F.2d 524 (6th Cir. 1984)   Cited 33 times
    Finding that a supervisor's act of questioning an employee as to why he supported the union, as well as the supervisor's statement to the employee that he had supervisor potential if he did not support the union, rose to the level of coercive conduct

  7. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

  8. Indiana Cal-Pro, Inc. v. N.L.R.B

    863 F.2d 1292 (6th Cir. 1988)   Cited 22 times
    Holding that the NLRB possessed substantial evidence supporting the conclusion that a supervisor violated § 158 when he told employees that he heard from ownership that unionization would lead to the owners shutting down the plant

  9. Hall v. N.L.R.B

    941 F.2d 684 (8th Cir. 1991)   Cited 19 times
    Concluding that lack of "prior warning or reprimand" supported a finding of unlawful motivation

  10. 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