Phelps Dodge Corp. v. Labor Board

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Ultrasystems Western v. N.L.R.B

Discussing the distinction the NLRB draws between these two concepts

Willmar Elec. Service, Inc. v. N.L.R.B

Holding that paid union organizers are employees within the meaning of the Act, but noting that "we are ready to assume arguendo that Willmar made out so powerful a case of likely disloyalty that the Board would have had to conclude that rejection of Hendrix's application on that ground would have been legitimate and not in violation of the anti-discrimination and anti-coercion provisions of the Act."

N.L.R.B. v. Elias Brothers Big Boy, Inc.

Reversing credibility finding where examiner "credited the testimony of a highly prejudiced and interested witness and discredited the testimony of all witnesses to the contrary"

Town Country Elec., Inc. v. N.L.R.B

H.B. Zachry Co. v. N.L.R.B

In H.B. Zachry Co. v. NLRB, 886 F.2d 70, 72 (4th Cir. 1989), the Fourth Circuit, joining the Sixth Circuit, NLRB v. Elias Brothers Big Boy, Inc., 327 F.2d 421, 427 (6th Cir. 1964), held that a union organizer is not a bona fide employee within the meaning of section 2(3). Zachry had refused to hire a paid full-time union organizer who had applied for work, upon the union's instruction, to organize Zachry's employees. Had the organizer been hired, he would have remained concurrently employed and supervised by the union.

N.L.R.B. v. Henlopen Mfg. Co., Inc.

Rejecting Elias without explanation