Aerotek, Inc.

19 Cited authorities

Labor Board v. Seven-Up Co.
344 U.S. 344 (1953) Cited 368 times
Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding
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"
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 357 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Franks Bros. Co. v. Labor Board
321 U.S. 702 (1944) Cited 252 times 1 Legal Analyses
Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.
Labor Board v. Electrical Workers
346 U.S. 464 (1953) Cited 125 times 41 Legal Analyses
Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute
Nat'l Labor Relations Bd. v. FES
301 F.3d 83 (3d Cir. 2002) Cited 49 times 21 Legal Analyses
Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal
Stephens Media, LLC v. Nat'l Labor Relations Bd.
677 F.3d 1241 (D.C. Cir. 2012) Cited 17 times
Applying the Bennett standard to cross-petitions for enforcement and review under Section 10(e) and 10(f)
Indep. Elec. Contractors of Houston, Inc. v. Nat'l Labor Relations Bd.
720 F.3d 543 (5th Cir. 2013) Cited 11 times
Recognizing "a futility exception"—in a decision not cited by Chipotle—because, among other reasons, the Board had already "discussed" and "preemptively denied" the potential objection, so filing a motion to reconsider would have been "an empty formality"
Tradesmen Intern., Inc. v. N.L.R.B
275 F.3d 1137 (D.C. Cir. 2002) Cited 21 times
Assuming union organizer's activity constituted "concerted activity" under 29 U.S.C. § 157 but holding it was not protected under statute
Fluor Daniel, Inc. v. N.L.R.B
332 F.3d 961 (6th Cir. 2003) Cited 15 times
In Fluor Daniel, the Board apparently calculated the number of deviations from the hiring policy at issue by counting the number of deviations from all hiring protocols for each applicant.

Aerotek, Inc.

19 Cited authorities

Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding

Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.

Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute

Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal

Applying the Bennett standard to cross-petitions for enforcement and review under Section 10(e) and 10(f)

Recognizing "a futility exception"—in a decision not cited by Chipotle—because, among other reasons, the Board had already "discussed" and "preemptively denied" the potential objection, so filing a motion to reconsider would have been "an empty formality"

Assuming union organizer's activity constituted "concerted activity" under 29 U.S.C. § 157 but holding it was not protected under statute

In Fluor Daniel, the Board apparently calculated the number of deviations from the hiring policy at issue by counting the number of deviations from all hiring protocols for each applicant.