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A.J. Myers and Sons

06-CA-119505 (N.L.R.B. Oct. 3, 2014)
A.J. Myers and Sons

11 Cited authorities

  1. Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.

    482 U.S. 27 (1987)   Cited 369 times   12 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  2. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  3. Auciello Iron Works, Inc. v. Nat'l Labor Relations Bd.

    517 U.S. 781 (1996)   Cited 59 times   5 Legal Analyses
    Holding that NLRB is due "considerable deference . . . by virtue of its charge to develop national labor policy"

  4. California Pacific Medical v. N.L.R.B

    87 F.3d 304 (9th Cir. 1996)   Cited 26 times

    No. 93-71039, 94-70009 Argued and Submitted August 15, 1995, San Francisco, California Filed June 19, 1996 Jerome B. Falk, Jr., Howard, Rice, Nemerovski, Canady, Robertson, Falk Rabkin, San Francisco, California, for the petitioner-respondent. Richard A. Cohen, National Labor Relations Board, Washington, DC, for the respondent-petitioner. On Application for Enforcement of an Order of the National Labor Relations Board. NLRB No. 20-CA-24067. Before: BETTY B. FLETCHER, CECIL F. POOLE, and DIARMUID

  5. Dean Transp., Inc. v. N.L.R.B

    551 F.3d 1055 (D.C. Cir. 2009)   Cited 10 times

    Nos. 07-1262, 07-1313, 07-1314. Argued October 3, 2008. Decided January 9, 2009. On Petition for Review, Cross-Application for Enforcement, and Application for Enforcement of an Order of the National Labor Relations Board. David E. Khorey argued the cause for petitioner. With him on the briefs was Kurt M. Graham. Michael L. Fayette filed the brief on behalf of Dean Transportation Employees Union, incorporating by reference the brief of petitioner Dean Transportation, Inc. Thomas Goldstein and Patrick

  6. Nazareth Regional High School v. N.L.R.B

    549 F.2d 873 (2d Cir. 1977)   Cited 36 times
    Holding that, to rebut a presumption of majority status, "the employer must produce clear and convincing evidence of loss of union support capable of raising a reasonable doubt of the union's continuing majority"

  7. N.L.R.B. v. DeBartelo

    241 F.3d 207 (2d Cir. 2001)   Cited 8 times
    Holding that substantial continuity "is evaluated principally from the employees' perspective, the crucial question being whether those employees who have been retained will understandably view their job situations as essentially unaltered"

  8. Coastal Derby Refining Co. v. N.L.R.B

    915 F.2d 1448 (10th Cir. 1990)   Cited 6 times
    In Coastal Derby Refining Co. v. NLRB, 915 F.2d 1448 (10th Cir. 1990), we held that when there has been a hiatus between the closing of an enterprise and its reopening, "[t]he relevant inquiry is whether the hiatus was of such length as to call into question the likelihood that former... employees viewed their current jobs as essentially unchanged."

  9. IMS Manufacturing Co. v. Nat'l Labor Relations Bd.

    813 F.2d 113 (6th Cir. 1987)   Cited 1 times

    Nos. 86-5253, 86-5436. Argued January 29, 1987. Decided March 10, 1987. Andrew J. Russell (argued), Smith and Smith, Louisville, Ky., for petitioner. Elliott Moore, Deputy Associate Gen. Counsel, National Labor Relations Board, Washington, D.C., Kenneth B. Hipp, Nancy Hunt, Karen J. Ward, Mark McCarty (argued), Emil C. Farkas, Director, Region 9, NLRB, Cincinnati, Ohio, for respondent. Irwin H. Cutler, Jr. (argued) (Intervenor), Louisville, Ky., Linda J. Wallbaum, for intervenor. Petition for review

  10. Int'l Ass'n of Mach. Aero. Wkrs v. N.L.R.B

    498 F.2d 680 (D.C. Cir. 1974)   Cited 6 times

    Nos. 73-1231, 73-1501. Argued March 7, 1974. Decided May 7, 1974. Bernard Dunau, Washington, D.C., with whom Plato E. Papps, Washington, D.C., was on the brief, for petitioner in No. 73-1231 and intervenor in No. 73-1501. Leo P. Rock, Jr., Tampa, Fla., for petitioner in No. 73-1501 and intervenor in No. 73-1231. Joseph C. Thackery, Atty., N.L.R.B., with whom John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Asst. Gen. Counsel, and Robert Sewell, Atty., N