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Desert Toyota

10 Cited authorities

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

    462 U.S. 393 (1983)   Cited 656 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 1,036 times   71 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. 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

  4. W.F. Bolin Co. v. N.L.R.B

    70 F.3d 863 (6th Cir. 1995)   Cited 48 times
    Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues

  5. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

  6. Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.

    362 F.2d 466 (9th Cir. 1966)   Cited 56 times
    Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

  7. Justak Bros. and Co., Inc. v. N.L.R.B

    664 F.2d 1074 (7th Cir. 1981)   Cited 29 times
    Disallowing an employer to seize upon turnover, for otherwise "an employer could engage in a scheme of unfair labor practices and yet escape a bargaining order by delaying and waiting for employee turnover"

  8. Holly Farms Corp. v. N.L.R.B

    48 F.3d 1360 (4th Cir. 1995)   Cited 14 times
    Holding that employer had a duty to bargain with union over the effects of a merger on “wages, hours, work rules, work schedules, and work locations”

  9. Garvey Marine, Inc. v. N.L.R.B

    245 F.3d 819 (D.C. Cir. 2001)   Cited 7 times
    Upholding Board's decision to enforce bargaining order despite significant turnover among employees after order was issued

  10. Corriveau Routhier Cement Block v. N.L.R.B

    410 F.2d 347 (1st Cir. 1969)   Cited 18 times   1 Legal Analyses

    No. 7194. May 5, 1969. Alan Hall, Manchester, N.H., with whom Richard C. Kohls and Wadleigh, Langdell Starr, Peters Dunn, Manchester, N.H., were on the brief, for petitionent. Robert E. Williams, Washington, D.C., Atty., with whom Arnold Ordman, General Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and William F. Wachter, Atty., were on the brief, for responder. Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges. McENTEE, Circuit Judge