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AdvancePierre Foods, Inc.

09-CA-153966 (N.L.R.B. Jun. 27, 2016)
AdvancePierre Foods, Inc.

26 Cited authorities

  1. Mt. Healthy City Board of Ed. v. Doyle

    429 U.S. 274 (1977)   Cited 9,135 times   7 Legal Analyses
    Holding if a plaintiff can show a prima facie case of First Amendment retaliation, the district court should go on to determine whether the defendant has shown "by a preponderance of the evidence that it would have reached the same decision ... even in the absence of the protected conduct"

  2. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 651 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."

  3. Hoffman Plastic Compounds v. Nat'l Labor Relations Bd.

    535 U.S. 137 (2002)   Cited 322 times   38 Legal Analyses
    Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law

  4. Nat'l Labor Relations Bd. v. McClain of Georgia, Inc.

    138 F.3d 1418 (11th Cir. 1998)   Cited 278 times   1 Legal Analyses
    Holding in a National Labor Relations Act case that a showing that an employee's involvement in union activity was a motivating factor in the discharge of that employee creates an inference of anti-union animus; the employer can then raise the claim that the employee would have been discharged even had he not engaged in union activity as an affirmative defense

  5. Labor Board v. Parts Co.

    375 U.S. 405 (1964)   Cited 213 times   1 Legal Analyses
    Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

  6. 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

  7. 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"

  8. Multi-Ad Services, Inc. v. N.L.R.B

    255 F.3d 363 (7th Cir. 2001)   Cited 33 times
    Affirming Board's finding of coercive interrogation where an employee was asked "why he would want to bring a union into the company"

  9. 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.

  10. Perdue Farms, Inc. v. Nat. Lbr. Relations Bd.

    144 F.3d 830 (D.C. Cir. 1998)   Cited 28 times
    Deferring to agency's resolution of contradictory evidence

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,474 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,925 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  13. Section 1324a - Unlawful employment of aliens

    8 U.S.C. § 1324a   Cited 591 times   45 Legal Analyses
    Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court

  14. Section 274a.1 - Definitions

    8 C.F.R. § 274a.1   Cited 30 times   5 Legal Analyses
    Excluding "independent contractor" from the definition of "employee"