Apex Linen Service Inc.

8 Cited authorities

Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Nat'l Labor Relations Bd. v. Industrial Union of Marine & Shipbuilding Workers of America
391 U.S. 418 (1968) Cited 215 times
Holding that union could not expel member because he filed unfair labor practice charge against it without first exhausting internal remedies as provided in union constitution
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
Nat'l Labor Relations Bd. v. Scrivener
405 U.S. 117 (1972) Cited 83 times
Holding that protection from retaliation for "fil[ing] charges or giv[ing] testimony" under the National Labor Relations Act extends to an employee who gave a written sworn statement to an NLRB examiner
Bally's Park Place Inc. v. Nat'l Labor Relations Bd.
646 F.3d 929 (D.C. Cir. 2011) Cited 42 times
Finding unlawful motive where employee's discharge came only days after manager observed him at pro-union rally
Traction Wholesale Center Co. v. Nat'l Labor Relations Bd.
216 F.3d 92 (D.C. Cir. 2000) Cited 16 times
Finding unlawful motive where employer discharged employee on same day that union asked for recognition
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 times
Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination
Pergament United Sales, Inc. v. N.L.R.B
920 F.2d 130 (2d Cir. 1990) Cited 20 times 9 Legal Analyses
Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"

Apex Linen Service Inc.

8 Cited authorities

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Holding that union could not expel member because he filed unfair labor practice charge against it without first exhausting internal remedies as provided in union constitution

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

Holding that protection from retaliation for "fil[ing] charges or giv[ing] testimony" under the National Labor Relations Act extends to an employee who gave a written sworn statement to an NLRB examiner

Finding unlawful motive where employee's discharge came only days after manager observed him at pro-union rally

Finding unlawful motive where employer discharged employee on same day that union asked for recognition

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"