Serrano Painting

Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 655 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."
Director, Off. of Work. Comp. v. Greenwich Collieries
512 U.S. 267 (1994) Cited 446 times 1 Legal Analyses
Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 872 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Nat'l Labor Relations Bd. v. Town & Country Electric, Inc.
516 U.S. 85 (1995) Cited 85 times 10 Legal Analyses
Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"
FPC Holdings, Inc. v. Nat'l Labor Relations Bd.
64 F.3d 935 (4th Cir. 1995) Cited 23 times
Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior