National Labor Relations Board v. Transportation Management Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that NLRB has consistently construed the unfair labor practices of § 158 as including \a discharge or other adverse action \ based on anti-union animus
• recognizing that NLRB has consistently construed the unfair labor practices of § 158 as including “a discharge or other adverse action” based on anti-union animus
• holding that the test enunciated by the Board in Wright-Line, 251 N.L.R.B. 1083 (1980), enforced, 662 F.2d 899 (1st Cir.1981) cert, denied 455 U.S. 989, 102 S.Ct. 1612, 71 L.Ed.2d 848 (1982), is proper
• holding that the test enunciated by the Board in Wright-Line, 251 N.L.R.B. 1083 (1980), enforced, 662 F.2d 899 (1st Cir.1981) cert. denied 455 U.S. 989, 102 S.Ct. 1612, 71 L.Ed.2d 848 (1982), is proper
• 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”
• stating that express union hostility combined with knowledge of union activities may infer improper motive

Source: CourtListener parenthetical corpus (CC0).