Bowling Transportation, Inc.

10 Cited authorities

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."
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
Labor Board v. Link-Belt Co.
311 U.S. 584 (1941) Cited 338 times
Finding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"
Prill v. N.L.R.B
755 F.2d 941 (D.C. Cir. 1985) Cited 80 times 3 Legal Analyses
In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."
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
Cadbury Beverages v. N.L.R.B
160 F.3d 24 (D.C. Cir. 1998) Cited 20 times
Holding that it was “not incumbent on the general counsel to prove, nor on the Board to find, that the company's asserted nondiscriminatory reason of insubordination was pretextual ... although such a showing would have served as a conclusive rejection of [the company's] affirmative defense”
N.L.R.B. v. Oakes Mach. Corp.
897 F.2d 84 (2d Cir. 1990) Cited 22 times 1 Legal Analyses
Listing reasonableness as one of four factors in determining whether the termination of supervisors affected terms and conditions of employees
Union Carbide Corp. v. N.L.R.B
714 F.2d 657 (6th Cir. 1983) Cited 26 times
In Union Carbide the sixth circuit wrote: "Where, by policy or practice, the company permits employee access to bulletin boards for any purpose, section 7 of the Act... secures the employees' right to post union materials."
GSX Corp. of Missouri v. Nat'l Labor Relations Bd.
918 F.2d 1351 (8th Cir. 1990) Cited 17 times
Reviewing board's findings more critically where board's findings are contrary to ALJ's
New River Industries, Inc. v. N.L.R.B
945 F.2d 1290 (4th Cir. 1991) Cited 7 times
Holding that dress codes are a "condition[] of employment which employees may seek to improve" while receiving the safeguards of the NLRA

Bowling Transportation, Inc.

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

Finding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"

In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."

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

Holding that it was “not incumbent on the general counsel to prove, nor on the Board to find, that the company's asserted nondiscriminatory reason of insubordination was pretextual ... although such a showing would have served as a conclusive rejection of [the company's] affirmative defense”

Listing reasonableness as one of four factors in determining whether the termination of supervisors affected terms and conditions of employees

In Union Carbide the sixth circuit wrote: "Where, by policy or practice, the company permits employee access to bulletin boards for any purpose, section 7 of the Act... secures the employees' right to post union materials."

Reviewing board's findings more critically where board's findings are contrary to ALJ's

Holding that dress codes are a "condition[] of employment which employees may seek to improve" while receiving the safeguards of the NLRA