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Coastal Insulation Corp.

354 N.L.R.B. 495 (N.L.R.B. 2009)
Coastal Insulation Corp.

15 Cited authorities

  1. 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."

  2. 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

  3. Labor Bd. v. Washington Aluminum Co.

    370 U.S. 9 (1962)   Cited 206 times   3 Legal Analyses
    Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

  4. 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

  5. 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."

  6. Laurel Baye Healthcare of Lake Lanier, Inc. v. Nat'l Labor Relations Bd.

    564 F.3d 469 (D.C. Cir. 2009)   Cited 30 times   2 Legal Analyses
    Holding that two-member NLRB cannot issue decisions

  7. Snell Island SNF LLC v. Nat'l Labor Relations Bd.

    568 F.3d 410 (2d Cir. 2009)   Cited 19 times   1 Legal Analyses
    In Snell Island SNF LLC v. National Labor Relations Board, 568 F.3d 410 (2d Cir. 2009), we held that two Board members may exercise the Board's authority in such circumstances as a quorum of a three-member delegate group, overridden that holding in New Process Steel, L.P. v. National Labor Relations Board, ___ U.S. ___, 130 S.Ct. 2635, ___ L.Ed.2d ___, 2010 WL 2400089 (2010).

  8. New Process Steel, L.P. v. N.L.R.B

    564 F.3d 840 (7th Cir. 2009)   Cited 15 times   4 Legal Analyses
    In New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit concluded that a two-member panel of the NLRB — the same panel that adjudicated the instant case — "had authority to hear the labor dispute," id. at 848.

  9. Northeastern Land v. National Labor Relations

    560 F.3d 36 (1st Cir. 2009)   Cited 14 times   2 Legal Analyses
    In Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), the court held that, "[t]he Board's delegation of its institutional power to a panel that ultimately consisted of a two-member quorum because of a vacancy was lawful under the plain text of section 3(b)."

  10. Consolidated Diesel Co. v. N.L.R.B

    263 F.3d 345 (4th Cir. 2001)   Cited 14 times   1 Legal Analyses
    Recognizing that "[t]here would be nothing left of [the Act's] rights if every time employees exercised them in a way that was somehow offensive to someone," they were subject to the threat of discipline