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MV Transportation, Inc.

28-CA-145067 (N.L.R.B. May. 24, 2018)
MV Transportation, Inc.

15 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. J. Weingarten, Inc.

    420 U.S. 251 (1975)   Cited 434 times   64 Legal Analyses
    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

  3. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  4. Romano v. Merrill Lynch, Pierce, Fenner Smith

    487 U.S. 1205 (1988)   Cited 106 times   6 Legal Analyses
    Upholding conclusion that employees classified as department managers did not meet executive exemption

  5. Labor Bd. v. Washington Aluminum Co.

    370 U.S. 9 (1962)   Cited 206 times   3 Legal Analyses
    Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

  6. 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

  7. Emporium Capwell Co. v. Western Addition Community Organization

    420 U.S. 50 (1975)   Cited 125 times   2 Legal Analyses
    Holding that wildcat strikers are bargaining separately and are therefore not protected by the NLRA

  8. Penasquitos Village, Inc. v. N.L.R.B

    565 F.2d 1074 (9th Cir. 1977)   Cited 125 times
    Recognizing that "[t]he substantial evidence standard is not modified in any way when the Board and its examiner disagree"

  9. 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."

  10. N.L.R.B. v. Interboro Contractors, Inc.

    388 F.2d 495 (2d Cir. 1967)   Cited 80 times   1 Legal Analyses
    In NLRB v. Interboro Contractors, Inc., 388 F.2d 495, 500 (2d Cir. 1967), the Court of Appeals for the Second Circuit stated that the efforts of an individual employee acting alone to enforce the provisions of a collective bargaining agreement may be deemed "concerted," and thus protected, at least when the individual's interpretation of the agreement has a reasonable basis.

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,671 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,333 times   86 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  13. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,311 times   97 Legal Analyses
    Granting "employees" the right to unionize