CSS Healthcare Services

9 Cited authorities

  1. 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."
  2. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 179 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit
  3. 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
  4. 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
  5. 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).
  6. 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.
  7. 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)."
  8. Narricot Indus. v. N.L.R.B

    587 F.3d 654 (4th Cir. 2009)   Cited 11 times
    Holding that two-member NLRB can issue decisions
  9. N.L.R.B. v. Limestone Apparel Corp.

    705 F.2d 799 (6th Cir. 1982)   Cited 3 times

    No. 81-1693. October 29, 1982. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for petitioner. Jacob Oliner, Oliner Oliner, New York City, for respondent. Petition to Enforce an Order of the National Labor Relations Board. Before LIVELY, KRUPANSKY and WELLFORD, Circuit Judges. ORDER This cause comes before the Court upon the motion of the intervenor, International Ladies' Garment Workers' Union, for an order enforcing the order of the National Labor Relations Board in Limestone