16 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
Shamrock Foods Company v. N.L.R.B
346 F.3d 1130 (D.C. Cir. 2003) Cited 16 times 1 Legal AnalysesHolding that "Wright Line is inapplicable to cases . . . in which the employer has discharged the employee because of alleged misconduct in the course of protected activity"
S F Market St. Healthcare LLC v. N.L.R.B
570 F.3d 354 (D.C. Cir. 2009) Cited 10 timesNo. 07-1439, 07-1502. Argued November 17, 2008. Decided June 30, 2009. John H. Douglas argued the cause and filed the briefs for petitioner. Amy H. Ginn, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Jill A. Griffin, Supervisory Attorney. Meredith L. Jason and Jason Walta, Attorneys, entered appearances. Before:
Frazier Industrial Co., Inc. v. N.L.R.B
213 F.3d 750 (D.C. Cir. 2000) Cited 15 timesFinding that employment application which stated that “false information, omissions, or misrepresentations may result in a discharge of the employee” was insufficient to establish that the plaintiff would have been discharged for conduct at issue, and that company policy manual specifying that falsification of records would warrant immediate dismissal was immaterial where manual had not been distributed to employee prior to employee's termination
Temp-Masters, Inc. v. N.L.R.B
460 F.3d 684 (6th Cir. 2006) Cited 9 timesNos. 05-2079, 05-2272. Argued June 2, 2006. Decided and Filed July 17, 2006. This decision was originally issued as an "unpublished decision" filed on July 17, 2006. On August 17, 2006, the court designated the opinion as one recommended for full-text publication. Appeal from the National Labor Relations Board. ARGUED: David W. Miller, Baker Daniels, Fort Wayne, IN, for Petitioner. Jason Walta, National Labor Relations Board, Washington, DC, for Respondent. ON BRIEF: Thomas R. Biehl, Jr., Baker Daniels
Electromation, Inc. v. N.L.R.B
35 F.3d 1148 (7th Cir. 1994) Cited 19 times 1 Legal AnalysesUpholding finding of domination in similar situation
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 timesUpholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination
Hotel Emp. Restaurant Emp. Un. v. N.L.R.B
760 F.2d 1006 (9th Cir. 1985) Cited 26 times 6 Legal AnalysesAffirming Rossmore House, 269 NLRB 1176