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We Can, Inc.

7 Cited authorities

  1. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 657 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 1,036 times   71 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

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

  4. Northport Health Services, Inc. v. N.L.R.B

    961 F.2d 1547 (11th Cir. 1992)   Cited 22 times
    In Northport, as in our case, the Board affirmed the ALJ's findings and conclusions, but summarily modified the ALJ's recommendations in a footnote.

  5. Southwire Co. v. N.L.R.B

    820 F.2d 453 (D.C. Cir. 1987)   Cited 26 times
    Holding that absence of evidence that employer discharged any other employee for similar violation supported finding of pretext

  6. N.L.R.B. v. Special Mine Services, Inc.

    11 F.3d 88 (7th Cir. 1993)   Cited 6 times
    Discussing the "depressing pattern" of Board decisions in which "[t]here is one serious issue, which the Board tucks into a footnote"

  7. Bales v. N.L.R.B

    914 F.2d 92 (6th Cir. 1990)   Cited 5 times
    Finding that the Board clearly understood the legal standard that tolling back pay requires the employer to show by a preponderance of the evidence that employment would not have lasted the entire period