SBM Site Services, LLC
17 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 650 times 11 Legal AnalysesHolding 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."
Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.
465 U.S. 822 (1984) Cited 204 times 9 Legal AnalysesHolding 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
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 AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Labor Board v. Burnup Sims
379 U.S. 21 (1964) Cited 106 times 21 Legal AnalysesFinding violation of § 8 "whatever the employer's motive"
Nat'l Labor Relations Bd. v. Starbucks Corp.
679 F.3d 70 (2d Cir. 2012) Cited 12 times 6 Legal AnalysesDistinguishing between outbursts in public venues versus private spaces
Kiewit Power Constructors Co. v. Nat'l Labor Relations Bd.
652 F.3d 22 (D.C. Cir. 2011) Cited 10 timesHolding that a worker telling a supervisor he had “better bring [his] boxing gloves” in a dispute over break time did not lose the Act's protection
Nat'l Labor Relations Bd. v. Goya Foods
525 F.3d 1117 (11th Cir. 2008) Cited 13 timesApproving a decertification bar lasting up to one year
Cellco P'ship v. Nat'l Labor Relations Bd.
892 F.3d 1256 (D.C. Cir. 2018) Cited 1 timesNo. 17-1158 C/w 17-1165 06-19-2018 CELLCO PARTNERSHIP, d/b/a Verizon Wireless, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Communications Workers of America, Intervenor Arthur G. Telegen argued the cause for petitioner. With him on the briefs were Robert A. Fisher and N. Skelly Harper. Barbara A. Sheehy, Attorney, National Labor Relations Board, argued the cause for respondent. On the brief were Peter B. Robb, General Counsel, Linda Dreeben, Deputy Associate General Counsel, Usha Dheenan
Dreis Krump Mfg. Co., Inc. v. N.L.R.B
544 F.2d 320 (7th Cir. 1976) Cited 48 times 1 Legal AnalysesUpholding Board's refusal to defer on ground that award would violate employee's § 7 rights.
Consolidated Diesel Co. v. N.L.R.B
263 F.3d 345 (4th Cir. 2001) Cited 14 times 1 Legal AnalysesRecognizing that "[t]here would be nothing left of [the Act's] rights if every time employees exercised them in a way that was somehow offensive to someone," they were subject to the threat of discipline