Nat'l Labor Relations Bd. v. Canning

Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”

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."

Fibreboard Corp. v. Labor Board

Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

First National Maintenance Corp. v. Nat'l Labor Relations Bd.

Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons

Labor Board v. Borg-Warner Corp.

Holding employer's insistence on a ballot clause was an unfair labor practice under § 8 because it was a non-mandatory subject of bargaining and it "substantially modifies the collective-bargaining system provided for in the statute by weakening the independence of the 'representative' chosen by the employees. It enables the employer, in effect, to deal with its employees rather than with their statutory representative."

Nat'l Labor Relations Bd. v. J. H. Rutter-Rex Manufacturing Co.

Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."

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

Nat'l Labor Relations Bd. v. Relco Locomotives, Inc.

Holding that a challenge to the composition of the National Labor Relations Board under the Recess Appointments Clause was not jurisdictional and could be forfeited if not raised to the Board

SW General, Inc. v. Nat'l Labor Relations Bd.

Holding that collateral attacks on an official's authority are permissible when the plaintiff brings his action at or around the time that the challenge government action is taken and the plaintiff shows that the agency has had reasonable notice of the claimed defect in the official's title to office

Nat'l Labor Relations Bd. v. SW Gen., Inc.

Section 3345 - Acting officer

Providing that an Acting Director may be an inferior officer within the PTO

Section 3348 - Vacant office

Containing the antiratification provision