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Evolution Mechanical Services, Inc., and Murray Mechanical Services

360 N.L.R.B. 164 (N.L.R.B. 2014)
Evolution Mechanical Services, Inc., and Murray Mechanical Services

20 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. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,033 times   65 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. Director, Off. of Work. Comp. v. Greenwich Collieries

    512 U.S. 267 (1994)   Cited 443 times   1 Legal Analyses
    Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

  4. Golden State Bottling Co. v. Nat'l Labor Relations Bd.

    414 U.S. 168 (1973)   Cited 496 times   20 Legal Analyses
    Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties

  5. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  6. Nat'l Labor Relations Bd. v. Town & Country Electric, Inc.

    516 U.S. 85 (1995)   Cited 85 times   10 Legal Analyses
    Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"

  7. 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

  8. Bally's Park Place Inc. v. Nat'l Labor Relations Bd.

    646 F.3d 929 (D.C. Cir. 2011)   Cited 42 times
    Finding unlawful motive where employee's discharge came only days after manager observed him at pro-union rally

  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. FPC Holdings, Inc. v. Nat'l Labor Relations Bd.

    64 F.3d 935 (4th Cir. 1995)   Cited 23 times
    Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior