Wynn Las Vegas, LLC

24 Cited authorities

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."
United States v. Kokinda
497 U.S. 720 (1990) Cited 501 times 2 Legal Analyses
Holding that a sidewalk next to a post office was a nonpublic forum because it "was constructed solely to assist postal patrons to negotiate the space between the parking lot and the front door of the post office, not to facilitate the daily commerce and life of the neighborhood or city"
Hudgens v. Nat'l Labor Relations Bd.
424 U.S. 507 (1976) Cited 543 times 1 Legal Analyses
Holding picketers "did not have a First Amendment right to enter [a privately owned] shopping center for the purpose of advertising their strike"
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Labor Board v. Babcock Wilcox Co.
351 U.S. 105 (1956) Cited 294 times 19 Legal Analyses
Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot
Romano v. Merrill Lynch, Pierce, Fenner Smith
487 U.S. 1205 (1988) Cited 105 times 6 Legal Analyses
Upholding conclusion that employees classified as department managers did not meet executive exemption
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
Prill v. N.L.R.B
755 F.2d 941 (D.C. Cir. 1985) Cited 80 times 3 Legal Analyses
In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."
Stephens Media, LLC v. Nat'l Labor Relations Bd.
677 F.3d 1241 (D.C. Cir. 2012) Cited 17 times
Applying the Bennett standard to cross-petitions for enforcement and review under Section 10(e) and 10(f)

Wynn Las Vegas, LLC

24 Cited authorities

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."

Holding that a sidewalk next to a post office was a nonpublic forum because it "was constructed solely to assist postal patrons to negotiate the space between the parking lot and the front door of the post office, not to facilitate the daily commerce and life of the neighborhood or city"

Holding picketers "did not have a First Amendment right to enter [a privately owned] shopping center for the purpose of advertising their strike"

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot

Upholding conclusion that employees classified as department managers did not meet executive exemption

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

In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."

Applying the Bennett standard to cross-petitions for enforcement and review under Section 10(e) and 10(f)