CSC Holdings, LLC

12 Cited authorities

  1. Lucia v. Sec. & Exch. Comm'n

    138 S. Ct. 2044 (2018)   Cited 1,236 times   63 Legal Analyses
    Holding that SEC ALJs are "Officers" subject to the Appointments Clause
  2. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 650 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. Labor Board v. Walton Mfg. Co.

    369 U.S. 404 (1962)   Cited 298 times
    Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
  4. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 356 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
  5. W.F. Bolin Co. v. N.L.R.B

    70 F.3d 863 (6th Cir. 1995)   Cited 48 times
    Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues
  6. N.L.R.B. v. Consolidated Bus Transit

    577 F.3d 467 (2d Cir. 2009)   Cited 16 times
    Interpreting similar language in 29 C.F.R. § 101.10 as meaning "that the Board's procedures are to be controlled by the Federal Rules of Civil Procedure as far as practicable" (cleaned up)
  7. Traction Wholesale Center Co. v. Nat'l Labor Relations Bd.

    216 F.3d 92 (D.C. Cir. 2000)   Cited 16 times
    Finding unlawful motive where employer discharged employee on same day that union asked for recognition
  8. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination
  9. 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
  10. Pelton Casteel, Inc. v. N.L.R.B

    627 F.2d 23 (7th Cir. 1980)   Cited 19 times

    No. 79-2360. Argued May 7, 1980. Decided July 18, 1980. Mary Pat Koesterer, Quarles Brady, Milwaukee, Wis., for petitioner. Robert Tendrich, N.L.R.B., Washington, D.C., for respondent. Appeal from the National Labor Relations Board. Before SWYGERT and CUMMINGS, Circuit Judges, and NICHOLS, Associate Judge. The Honorable Philip Nichols, Jr., Associate Judge of the United States Court of Claims, is sitting by designation. SWYGERT, Circuit Judge. The National Labor Relations Board found that Pelton