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."

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

Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent

Republic Aviation Corp. v. Board

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Lunney, an Infant v. Prodigy Services Co.

Labor Bd. v. Washington Aluminum Co.

Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

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

Soule Glass and Glazing Co. v. N.L.R.B

Holding that the employer "must bargain with respect to the decision to remove work from bargaining unit employees, not merely its effects on the employees"

N.L.R.B. v. Calkins

Recognizing that Nevada law does not extend special protection to free speech interests at the expense of a private store owner's property interest

N.L.R.B. v. Consolidated Bus Transit

Interpreting similar language in 29 C.F.R. § 101.10 as meaning "that the Board's procedures are to be controlled by the Federal Rules of Civil Procedure as far as practicable" (cleaned up)

N.L.R.B. v. Ridgeway Trucking Co.

In NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1223-24 (5th Cir. 1980), we stated that "[t]he test of whether an employee was discharged depends upon the reasonable inferences that the employees could draw from the language used by the employer."

Section 158 - Unfair labor practices

Granting employees a wage increase without bargaining with Local 355

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

Granting "employees" the right to unionize

Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

Granting trial judge broad discretion to control witness examination