Wild Oats Markets, Inc.

8 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. Nat'l Labor Relations Bd. v. FES

    301 F.3d 83 (3d Cir. 2002)   Cited 55 times   21 Legal Analyses
    Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal
  4. Kallmann v. N.L.R.B

    640 F.2d 1094 (9th Cir. 1981)   Cited 64 times
    Holding that an employer could not be compelled to pay a greater amount of back-pay than the amount the employer would have paid its employees in the absence of the unfair labor practice
  5. Ishikawa Gasket America, Inc. v. N.L.R.B

    354 F.3d 534 (6th Cir. 2004)   Cited 2 times

    No. 02-1167/1310. Argued: October 21, 2003. Decided and Filed: January 7, 2004. ON PETITION FOR REVIEW AND CROSS-APPLICATION FOR ENFORCEMENT OF AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD. No. 8-CA-31292. Maurice G. Jenkins (argued and briefed), Paul R. Bernard (abriefed), Jennifer K. Nowaczok (briefed), Dickinson, Wright, PLLC, Detroit, MI, for Petitioner. David Seid (argued and briefed), National Labor Relations Board, Office of General Counsel, Washington, DC, Aileen A. Armstrong (briefed)

  6. N.L.R.B. v. Rain-Ware, Inc.

    732 F.2d 1349 (7th Cir. 1984)   Cited 20 times
    Concluding that "[t]he timing of the layoffs and warehouse closing provides the strongest support for connecting anti-union sentiment with the layoffs," where the layoffs and warehouse closing closely followed a demand for union recognition
  7. N.L.R.B. v. Long Island Airport Limousine Serv

    468 F.2d 292 (2d Cir. 1972)   Cited 26 times
    Affirming NLRB finding of Section 8 violation where discharged employee, who was “union ‘spearhead’ for organizing the [c]ompany's drivers,” had been soliciting union support on day before abrupt discharge, and employer's asserted reasons that employee had poor employment record, had received traffic tickets, and submitted incomplete paperwork—including “a particularly serious incident ... that involved missing cash collections” for which he was warned—were contradictory and pretextual, and where treatment of other employees for similar misconduct was disparate
  8. Nat'l Labor Relations Bd. v. Ogle Protection Service, Inc.

    444 F.2d 502 (6th Cir. 1971)   Cited 3 times   3 Legal Analyses

    No. 21049. June 30, 1971. Stanley R. Zirkin, Atty., N.L.R.B., Washington, D.C., for petitioner; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Elliott Moore, Stanley R. Zirkin, Attys., N.L.R.B., Washington, D.C., on brief. Douglas C. Dahn, Detroit, Mich., for respondents; Tolleson, Burgess Mead, Robert D. Welchli, Detroit, Mich., on brief. Before CELEBREZZE, PECK and McCREE, Circuit Judges. PER CURIAM. This case is before us a second