§

St. Vincent Medical Center

338 N.L.R.B. 888 (N.L.R.B. 2003)
St. Vincent Medical Center

5 Cited authorities

  1. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 651 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. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  3. 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

  4. N.L.R.B. v. Special Mine Services, Inc.

    11 F.3d 88 (7th Cir. 1993)   Cited 6 times
    Discussing the "depressing pattern" of Board decisions in which "[t]here is one serious issue, which the Board tucks into a footnote"

  5. Golden Day Schools, Inc. v. N.L.R.B

    644 F.2d 834 (9th Cir. 1981)   Cited 10 times
    In Golden Day Schools, 644 F.2d 834, the court noted that although the child care workers' leaflet to parents included harsh language and serious charges about the care of the children, it fell "woefully short of the malicious tone" that would justify a discharge under Jefferson Standard. Appellant correctly points out that the court in Golden Day Schools determined that the leaflet played no part in the discharge of the employees.