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M.D. Miller Trucking and Topsoil, Inc.

361 N.L.R.B. 1225 (N.L.R.B. 2014)
M.D. Miller Trucking and Topsoil, Inc.

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. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 204 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  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. 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

  5. Palace Sports Entm't, Inc. v. NLRB

    411 F.3d 212 (D.C. Cir. 2005)   Cited 6 times

    No. 04-1261, 04-1276. Argued March 18, 2005. Decided May 31, 2005. On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Robert M. Vercruysse argued the cause for petitioner. With him on the briefs was Gary S. Fealk. David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Assistant General Counsel, Aileen A. Armstrong

  6. Holsum de Puerto Rico, Inc. v. Nat'l Labor Relations Bd.

    456 F.3d 265 (1st Cir. 2006)   Cited 3 times
    Finding substantial evidence of knowledge of union activities conducted in plain view in an open parking lot where the activities "could very well have been observed by any number of supervisors and managers"

  7. Kamtech, Inc. v. N.L.R.B

    314 F.3d 800 (6th Cir. 2002)   Cited 5 times

    Nos. 01-1391, 01-1558. Submitted: August 7, 2002. Decided and Filed: September 4, 2002. This decision was originally issued as an "unpublished decision" filed on September 4, 2002. On December 3, 2002, the court designated the opinion as one recommended for full-text publication. Appeal from the Court of Appeals, Daughtrey, Circuit Judge. J. Roy Weathersby, Eric K. Smith (briefed), Littler Mendelson, Atlanta, GA, for Petitioner Cross-Respondent. Ailen A. Armstrong, Dep.Asso.Gen.Counsel, National

  8. Frank Briscoe, Inc. v. N.L.R.B

    637 F.2d 946 (3d Cir. 1981)   Cited 8 times
    Concluding activity was concerted where five complainants individually filed similar charges of racial discrimination within days of being collectively laid off and in their complaints referred to the same mistreatment of other employees

  9. Farmbest, Inc. v. N.L.R.B

    370 F.2d 1015 (8th Cir. 1967)   Cited 6 times

    Nos. 18180, 18220. January 17, 1967. James L. Rogers and John C. Cortesio, Jr., and Bradshaw, Fowler, Proctor Fairgrave, Des Moines, Iowa, for petitioner Farmbest Inc. and filed brief. Julius Rosenbaum, Atty., N.L.R.B., Washington, D.C., for the Labor Board. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel and Herman M. Levy, Atty., N.L.R.B., Washington, D.C., were with him on the brief. Before VOGEL, Chief Judge, MATTHES and MEHAFFY