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Beacon Electric Co.

350 N.L.R.B. 238 (N.L.R.B. 2007)
Beacon Electric Co.

11 Cited authorities

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

    462 U.S. 393 (1983)   Cited 655 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. Phelps Dodge Corp. v. Labor Board

    313 U.S. 177 (1941)   Cited 872 times
    Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

  3. Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.

    388 U.S. 26 (1967)   Cited 322 times   8 Legal Analyses
    Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

  4. Nat'l Labor Relations Bd. v. Town & Country Electric, Inc.

    516 U.S. 85 (1995)   Cited 85 times   10 Legal Analyses
    Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"

  5. 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

  6. Nat'l Labor Relations Bd. v. FES

    301 F.3d 83 (3d Cir. 2002)   Cited 50 times   21 Legal Analyses
    Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal

  7. Progressive Elec., Inc. v. N.L.R.B

    453 F.3d 538 (D.C. Cir. 2006)   Cited 13 times
    Declining to hear an employer’s Section 8(c) argument because it had "not been raised before the Board"

  8. Kentucky General v. Nat'l Labor Relations Bd.

    177 F.3d 430 (6th Cir. 1999)   Cited 10 times
    Noting that the employer's "decision to lay off both men only a few days after they engaged in picketing bolsters the inference that [the employer] terminated them because of their union activities"

  9. N.L.R.B. v. Fluor Daniel, Inc.

    102 F.3d 818 (6th Cir. 1996)   Cited 10 times
    Noting that the only argument raised on appeal — that applicants who wrote "volunteer union organizer" on applications were not bona fide employees under the Act — was specifically rejected by the Supreme Court in N.L.R.B. v. Town Country Elec., Inc., 516 U.S. 85, ___, 116 S.Ct. 450, 457, 133 L.Ed.2d 371

  10. Ishikawa Gasket America, Inc. v. N.L.R.B

    354 F.3d 534 (6th Cir. 2004)   Cited 2 times

    No. 02-1167/1310. Argued: October 21, 2003. Decided and Filed: January 7, 2004. ON PETITION FOR REVIEW AND CROSS-APPLICATION FOR ENFORCEMENT OF AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD. No. 8-CA-31292. Maurice G. Jenkins (argued and briefed), Paul R. Bernard (abriefed), Jennifer K. Nowaczok (briefed), Dickinson, Wright, PLLC, Detroit, MI, for Petitioner. David Seid (argued and briefed), National Labor Relations Board, Office of General Counsel, Washington, DC, Aileen A. Armstrong (briefed)

  11. Section 6621 - Determination of rate of interest

    26 U.S.C. § 6621   Cited 1,877 times   23 Legal Analyses
    Applying a higher interest rate to past liabilities resulting from tax-motivated transactions