Aliante Gaming, LLC d/b/a Aliante Casino and Hotel
8 Cited authorities
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 656 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."
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 timesExplaining 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 AnalysesFinding 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 AnalysesHolding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Bally's Park Place Inc. v. Nat'l Labor Relations Bd.
646 F.3d 929 (D.C. Cir. 2011) Cited 42 timesFinding unlawful motive where employee's discharge came only days after manager observed him at pro-union rally
Healthcare Employees Union v. N.L.R.B
463 F.3d 909 (9th Cir. 2006) Cited 22 timesListing circuit cases
Traction Wholesale Center Co. v. Nat'l Labor Relations Bd.
216 F.3d 92 (D.C. Cir. 2000) Cited 16 timesFinding unlawful motive where employer discharged employee on same day that union asked for recognition
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