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Fedex Freight East, Inc.

344 N.L.R.B. 205 (N.L.R.B. 2005)
Fedex Freight East, Inc.

4 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. 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

  3. Neptune Water Meter Co. v. N.L.R.B

    551 F.2d 568 (4th Cir. 1977)   Cited 18 times
    In Neptune Water Meter Co. v. NLRB, 551 F.2d 568 (4th Cir. 1977) the Court of Appeals held that while discriminatory motivation need only be a factor in the discharge of an employee for the NLRB to find an unfair labor practice, "an unfair labor practice may be found only if there is a basis in the record for a finding that the employee would not have been discharged..except for the fact of his union activity."

  4. N.L.R.B. v. Campbell "66" Exp., Inc.

    609 F.2d 312 (7th Cir. 1979)

    No. 79-1196. Argued October 29, 1979. Decided November 15, 1979. Barbara Kraft, NLRB, Washington, D.C., for petitioner. Leonard R. Kofkin, Chicago, Ill., for respondent. Before SWYGERT and WOOD, Circuit Judges, and ACKERMAN, District Judge. The Honorable J. Waldo Ackerman, United States District Judge for the Central District of Illinois, sitting by designation. PER CURIAM. Petitioner National Labor Relations Board ("the Board") applies for enforcement of its order affirming the decision of the Administrative