Aladdin Gaming, LLC

15 Cited authorities

Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 656 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."
BEK CONSTR. CO. v. NLRB
536 U.S. 516 (2002) Cited 313 times 14 Legal Analyses
Holding that the First Amendment right to petition the government extends to the courts
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 358 times 46 Legal Analyses
Holding 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 Analyses
Finding violation of § 8 "whatever the employer's motive"
Ark Las Vegas Restaurant Corp. v. Nat'l Labor Relations Bd.
334 F.3d 99 (D.C. Cir. 2003) Cited 46 times
Upholding NLRB panel's finding that employer violated the NLRA when supervisor banned employee from talking to her coworkers about joining a union
Carry Companies of Illinois, Inc. v. N.L.R.B
30 F.3d 922 (7th Cir. 1994) Cited 34 times
Acknowledging that, "where an employer establishes a regular pattern of overlooking certain violations of company policy, the employer may not later rely on such violations to satisfy its burden under Wright Line."
Bourne v. N.L.R.B
332 F.2d 47 (2d Cir. 1964) Cited 93 times 1 Legal Analyses
In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 times
Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

Aladdin Gaming, LLC

15 Cited authorities

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."

Holding that the First Amendment right to petition the government extends to the courts

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Finding violation of § 8 "whatever the employer's motive"

Upholding NLRB panel's finding that employer violated the NLRA when supervisor banned employee from talking to her coworkers about joining a union

Acknowledging that, "where an employer establishes a regular pattern of overlooking certain violations of company policy, the employer may not later rely on such violations to satisfy its burden under Wright Line."

In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination