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White Electrical Construction Co.

345 N.L.R.B. 1095 (N.L.R.B. 2005)
White Electrical Construction Co.

10 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. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  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. Labor Board v. Link-Belt Co.

    311 U.S. 584 (1941)   Cited 338 times
    Finding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"

  5. Labor Board v. Burnup Sims

    379 U.S. 21 (1964)   Cited 106 times   21 Legal Analyses
    Finding violation of § 8 "whatever the employer's motive"

  6. International Union

    459 F.2d 1329 (D.C. Cir. 1972)   Cited 118 times
    Holding that where a “judge plays a role in suppression of the evidence, the force of [any adverse] inference is dissipated”

  7. N.L.R.B. v. Interboro Contractors, Inc.

    388 F.2d 495 (2d Cir. 1967)   Cited 80 times   1 Legal Analyses
    In NLRB v. Interboro Contractors, Inc., 388 F.2d 495, 500 (2d Cir. 1967), the Court of Appeals for the Second Circuit stated that the efforts of an individual employee acting alone to enforce the provisions of a collective bargaining agreement may be deemed "concerted," and thus protected, at least when the individual's interpretation of the agreement has a reasonable basis.

  8. Shamrock Foods Company v. N.L.R.B

    346 F.3d 1130 (D.C. Cir. 2003)   Cited 16 times   1 Legal Analyses
    Holding that "Wright Line is inapplicable to cases . . . in which the employer has discharged the employee because of alleged misconduct in the course of protected activity"

  9. 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"

  10. JCR Hotel, Inc. v. Nat'l Labor Relations Bd.

    342 F.3d 837 (8th Cir. 2003)   Cited 8 times

    Nos. 02-3515, 02-3688. Submitted: April 14, 2003. Filed: September 5, 2003. Appeal from the Court of Appeals, Loken, Chief Judge. Anthony L. DeWitt, argued, Jefferson City, MO, for Appellant. Jeffrey Hirsch, attorney for the NLRB, argued, Washington, DC (David A. Felischer, Senior Attorney, Washingotn, DC, on the brief), for Appellee. Before LOKEN, Chief Judge, HANSEN and BYE, Circuit Judges. LOKEN, Chief Judge. Affirming an administrative law judge, the National Labor Relations Board ruled that