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Merck, Sharp & Dohme Corp.

367 NLRB No. 122 (N.L.R.B. 2019)
Merck, Sharp & Dohme Corp.

21 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. Metropolitan Edison Co. v. Nat'l Labor Relations Bd.

    460 U.S. 693 (1983)   Cited 309 times   8 Legal Analyses
    Holding that a union may, under certain circumstances, waive members' NLRA rights

  3. Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.

    388 U.S. 26 (1967)   Cited 321 times   8 Legal Analyses
    Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

  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. U.S. v. Gibson

    409 F.3d 325 (6th Cir. 2005)   Cited 94 times   1 Legal Analyses
    Holding that, although the jury did not specify the acts upon which it convicted the defendant, there was “ample evidence” that the defendants committed the last overt act in furtherance of the conspiracy within the statute-of-limitations period

  6. Multi-Ad Services, Inc. v. N.L.R.B

    255 F.3d 363 (7th Cir. 2001)   Cited 33 times
    Affirming Board's finding of coercive interrogation where an employee was asked "why he would want to bring a union into the company"

  7. Enter. Leasing Co. of Fla. v. Nat'l Labor Relations Bd.

    831 F.3d 534 (D.C. Cir. 2016)   Cited 12 times
    Interpreting Section 158, the analogous employer provision

  8. Adams & Assocs., Inc. v. Nat'l Labor Relations Bd.

    871 F.3d 358 (5th Cir. 2017)   Cited 9 times
    Noting that although a successor contractor "was required to offer unit employees a right of first refusal under the EO and [Department of Labor (DOL)] regulations, this right of first refusal did not constitute a mandated blanket offer to all employees"

  9. Nat'l Labor Relations Bd. v. Joy Recovery Tech

    134 F.3d 1307 (7th Cir. 1998)   Cited 28 times
    Concluding that "[i]n this case, timing is everything," where "[t]he closing of the department comes on the heels of the union's organizational activity," including filing a petition for a representation election

  10. Autonation, Inc. v. Nat'l Labor Relations Bd.

    801 F.3d 767 (7th Cir. 2015)   Cited 7 times
    Finding employer's claim that it fired employee due to job abandonment to be a pretext because employer knew that employee had filed for unemployment benefits and was under the impression that he had already been terminated and yet the company did nothing to correct the employee's alleged misimpression

  11. Rule 805 - Hearsay Within Hearsay

    Fed. R. Evid. 805   Cited 894 times   4 Legal Analyses
    Allowing hearsay within hearsay only "if each part of the combined statements conforms with an exception to the rule"