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Webco Industries

25 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. 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

  4. Tripoli Co., Inc. v. Wella Corp.

    400 U.S. 831 (1970)   Cited 137 times
    Declining to review under Hobbs Act district court's exercise of jurisdiction of claim against Federal Communications Commission because plaintiff-appellant had also filed timely petitions for review with court of appeals

  5. 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.

  6. Birch Run Welding Fabricating, v. N.L.R.B

    761 F.2d 1175 (6th Cir. 1985)   Cited 35 times
    Ordering general layoffs to discourage or retaliate against union activity is unlawful discrimination, even though some employees opposed to the union were laid-off as well

  7. N.L.R.B. v. Q-1 Motor Exp., Inc.

    25 F.3d 473 (7th Cir. 1994)   Cited 21 times
    Finding substantial evidence of discrimination based in part on the employer's reliance on "stale" charges

  8. 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"

  9. National Labor Rel. v. Thermon Heat Tracing

    143 F.3d 181 (5th Cir. 1998)   Cited 15 times
    Applying Wright Line

  10. 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