Zimmerman Plumbing & Heating Co.

11 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."
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
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. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
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
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
Sever v. N.L.R.B
231 F.3d 1156 (9th Cir. 2000) Cited 20 times 1 Legal Analyses
Holding that argument is waived where employee did not raise it in its exceptions to ALJ's decision
Randall, Div. of Textron, Inc. v. N.L.R.B
687 F.2d 1240 (8th Cir. 1982) Cited 11 times
In Randall v. NLRB, 687 F.2d 1240 (8th Cir. 1982), this court observed that "[t]he existence of a temporary job is not the equivalent of a vacancy to which a striker should have been reinstated."

Zimmerman Plumbing & Heating Co.

11 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 the NLRA limits the Board's backpay authority to restoring “actual losses”

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

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 an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

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

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

Holding that argument is waived where employee did not raise it in its exceptions to ALJ's decision

In Randall v. NLRB, 687 F.2d 1240 (8th Cir. 1982), this court observed that "[t]he existence of a temporary job is not the equivalent of a vacancy to which a striker should have been reinstated."