Ad Art, Inc.

14 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,732 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
  2. Labor Board v. I. M. Electric Co.

    318 U.S. 9 (1943)   Cited 108 times
    In N.L.R.B. v. Indiana Michigan Electric Co., 318 U.S. 9, at page 28, 63 S.Ct. 394, at page 405, 87 L.Ed. 579, the Supreme Court stated the general fundamental principles with respect to findings of fact by the Board, saying that the reviewing court is given discretion to see that before a party's rights are foreclosed his case has been fairly heard, and "Findings cannot be said to have been fairly reached unless material evidence which might impeach, as well as that which will support, its findings, is heard and weighed."
  3. N.L.R.B. v. Mastro Plastics Corporation

    354 F.2d 170 (2d Cir. 1965)   Cited 96 times
    In Mastro, the relatives of two deceased discriminatees had testified as to the discriminatees' diligent searches for work.
  4. N.L.R.B. v. Brown Root, Inc.

    311 F.2d 447 (8th Cir. 1963)   Cited 71 times
    In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.
  5. J. H. RUTTER REX MFG. CO., INC. v. N.L.R.B

    473 F.2d 223 (5th Cir. 1973)   Cited 43 times
    In J.H. Rutter Rex Manufacturing Co., Inc. v. NLRB, 473 F.2d 223 (5th Cir. 1973), a group of claimants had worked at lower paying jobs following their unlawful discharges.
  6. Nat'l Labor Relations Bd. v. Ayer Lar Sanitarium

    436 F.2d 45 (9th Cir. 1970)   Cited 39 times
    In NLRB v. Ayer Lar Sanitarium, supra, 436 F.2d at 50, we said that the "test is whether the business reason or the... union activity is the moving cause behind the discharge.
  7. Ad Art, Inc. v. Nat'l Labor Relations Bd.

    645 F.2d 669 (9th Cir. 1980)   Cited 22 times

    No. 78-3371. Argued February 14, 1980. Submitted May 22, 1980. Decided December 9, 1980. As Amended January 30, 1981. Archie G. Parker, Rowland Parker, Sacramento, Cal., for petitioner. J. Keith Gorham, Washington, D.C., for respondent. On Petition for Review and Cross-Application For Enforcement of an Order of the National Labor Relations Board. Before THORNBERRY, ANDERSON and SKOPIL, Circuit Judges. The Honorable Homer Thornberry, Senior United States Circuit Judge for the Fifth Circuit, sitting

  8. Heinrich Motors, Inc. v. N.L.R.B

    403 F.2d 145 (2d Cir. 1968)   Cited 30 times
    In Heinrich Motors, Inc. v. NLRB, 403 F.2d 145, 148 (2d Cir. 1968), we characterized the General Counsel's burden as that of "going forward with evidence that the employee has not wilfully incurred a loss of earnings," and cited Mastro Plastics for the proposition.
  9. N.L.R.B. v. Mooney Aircraft, Inc.

    366 F.2d 809 (5th Cir. 1966)   Cited 23 times

    No. 19448. September 30, 1966. Melvin J. Welles, Paul Elkind, Robert B. Schwartz, Attys., Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, NLRB, Washington, D.C., for petitioner. Hal Rachal, Midland, Tex., for respondent. Before WISDOM and THORNBERRY, Circuit Judges, and COX, District Judge. William Harold Cox, United States District Judge for the Southern District of Mississippi, sitting by designation. WISDOM, Circuit Judge: We hope that this opinion proves

  10. Nat'l Labor Relations Bd. v. Holly Bra of California, Inc.

    405 F.2d 870 (9th Cir. 1969)   Cited 20 times

    No. 22543. January 16, 1969. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D.C., Paul A. Cassady, Director, N.L.R.B., Allison W. Brown, Jr., Allen J. Berk (argued), Los Angeles, Cal., for appellant. William B. Irvin, Beverly Hills, Cal. (argued), Joseph M. McLaughlin, Basil Feinberg, Los Angeles, Cal., for appellee. Before CHAMBERS and BARNES, Circuit Judges, andCARR, District Judge. Hon. Charles H. Carr, United States