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

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."

Nat'l Labor Relations Bd. v. J. Weingarten, Inc.

Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness

Eastex, Inc. v. Nat'l Labor Relations Bd.

Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity

Romano v. Merrill Lynch, Pierce, Fenner Smith

Upholding conclusion that employees classified as department managers did not meet executive exemption

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

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

Prill v. N.L.R.B

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

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

Prill v. N.L.R.B

Recognizing that an employee takes concerted action “when he acts with the actual participation or on the authority of his co-workers”

CGLM Inc. v. Nat'l Labor Relations Bd.

Lennox Industries, Inc. v. N.L.R.B

In Lennox, we held that an employee had sufficiently invoked his Weingarten right when the supervisor to whom the request was made was present at the interview, even though the company official who conducted the interview was unaware of the request and the supervisor to whom the request was made did not know what the full scope of the interview would be.

Section 12101 - Findings and purpose

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Section 158 - Unfair labor practices

Granting employees a wage increase without bargaining with Local 355

Section 12111 - Definitions

Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

Section 1910.134 - Respiratory protection

Noting same about sideburns, skull caps that project under the face piece, temple pieces on glasses, and absence of one or both dentures