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17 Cited authorities

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

    462 U.S. 393 (1983)   Cited 652 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. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. Labor Board v. Insurance Agents

    361 U.S. 477 (1960)   Cited 324 times   2 Legal Analyses
    Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"

  4. Labor Board v. Parts Co.

    375 U.S. 405 (1964)   Cited 213 times   1 Legal Analyses
    Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

  5. Pittsburgh Glass Co. v. Board

    313 U.S. 146 (1941)   Cited 294 times
    In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.

  6. Labor Board v. Electrical Workers

    346 U.S. 464 (1953)   Cited 125 times   41 Legal Analyses
    Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute

  7. Shaw's Supermarkets, Inc. v. N.L.R.B

    884 F.2d 34 (1st Cir. 1989)   Cited 35 times
    Holding that agencies need not "microscopically examin[e] prior cases" and that prior cases are not "straitjacket, inhibiting experimentation or change"

  8. N.L.R.B. v. L.B. Foster Company

    418 F.2d 1 (9th Cir. 1969)   Cited 47 times
    In Foster, the Ninth Circuit answered: "Emphasis is given to the rapid turnover in the employer's personnel as a reason for not enforcing the order.

  9. Elec. Products Div. of Midland-Ross v. N.L.R.B

    617 F.2d 977 (3d Cir. 1980)   Cited 27 times
    In Electrical Products Division of Midland-Ross Corp. v. NLRB, 617 F.2d 977, 987 (3d Cir.), cert. denied, 449 U.S. 871, 101 S.Ct. 210, 66 L.Ed.2d 91 (1980), we referred to three elements as usually found in these cases where we enforced a Gissel II order: effect of the unfair labor practices on a significant portion of the bargaining unit, the participation of senior company officials, and the continuing impact of the same factors that undermined the first election.

  10. Donn Products, Inc. v. Nat'l Labor Relations Bd.

    613 F.2d 162 (6th Cir. 1980)   Cited 13 times

    No. 77-1269. Argued October 16, 1979. Decided January 17, 1980. Thomas J. McDermott, Joseph S. Ruggie, Jr., Keith A. Ashmus, Daniel W. Hammer, Cleveland, Ohio, for petitioners. Elliott Moore, Paul Speilberg, Deputy Associate Gen. Counsel, N.L.R.B., Joseph Oertel, Washington, D.C., Bernard Levine, Director, Region 8, N.L.R.B., Cleveland, Ohio, for respondent. James F. Gill, Robinson, Silverman, Pearce, Aronsohn, Sand Berman, Michael F. O'Toole, New York City, for intervenor. Petition for review from

  11. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,325 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication