Legal Opinion

National Labor Relations Board, and Leigh Benin, Faustino Vargas, and Laszlo Berkovits, Intervenors v. New York University Medical Center

Court of Appeals for the Second Circuit

Decided January 21, 1983No. 450, Docket 82-4137PublishedCited by 26 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

This case brings sharply into focus the propriety of the Wright Line 1 test of the National Labor Relations Board (Board) for evaluating mixed motive discharges. The Board applies, pursuant to § 10(e) of the National Labor Relations Act, 29 U.S.C. §§ 151,160(e) (1976) (Act), for enforcement of its order, 261 N.L.R.B. No. 118 (1982), issued against New York University Medical Center (Center). The Board found that the Center had violated § 8(a)(1) of the Act, 29 U.S.C. § 158(a)(1) (1976), by disciplining three employees for engaging in protected leafleting activity. The…

2Cases cited38 opinions

  1. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  2. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  3. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  4. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  5. Mullaney v. WilburSupreme Court of the United States · 1975

33 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983
  2. Williams v. Town of GreenburghCourt of Appeals for the Second Circuit · 2008
  3. Puerto Rico Telephone Co. v. Unión Independiente de Empleados TelefónicosSupreme Court of Puerto Rico · 1992
  4. National Labor Relations Board v. Auciello Iron Works, Inc.Court of Appeals for the First Circuit · 1992
  5. Midstate Telephone Corporation v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1983

21 more not listed; retrieve them via the Exa API.

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