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Atlas Refinery, Inc.

354 N.L.R.B. 1056 (N.L.R.B. 2010)
Atlas Refinery, Inc.

23 Cited authorities

  1. Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.

    484 U.S. 539 (1988)   Cited 329 times
    Holding that the remedy provided in §§ 515 and 502(g) "is limited to the collection of `promised contributions' and does not confer jurisdiction on district courts to determine whether an employer's unilateral decision to refuse to make post-contract contributions constitutes a violation of the NLRA."

  2. American Ship Bldg. v. Labor Board

    380 U.S. 300 (1965)   Cited 350 times   4 Legal Analyses
    Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful

  3. 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

  4. Vincent Industrial Plastics, Inc. v. Nat'l Labor Relations Bd.

    209 F.3d 727 (D.C. Cir. 2000)   Cited 44 times   3 Legal Analyses
    In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."

  5. Laurel Baye Healthcare of Lake Lanier, Inc. v. Nat'l Labor Relations Bd.

    564 F.3d 469 (D.C. Cir. 2009)   Cited 30 times   2 Legal Analyses
    Holding that two-member NLRB cannot issue decisions

  6. American Federation of Television & Radio Artists v. Nat'l Labor Relations Bd.

    395 F.2d 622 (D.C. Cir. 1968)   Cited 102 times   1 Legal Analyses
    Applying Taft

  7. Snell Island SNF LLC v. Nat'l Labor Relations Bd.

    568 F.3d 410 (2d Cir. 2009)   Cited 19 times   1 Legal Analyses
    In Snell Island SNF LLC v. National Labor Relations Board, 568 F.3d 410 (2d Cir. 2009), we held that two Board members may exercise the Board's authority in such circumstances as a quorum of a three-member delegate group, overridden that holding in New Process Steel, L.P. v. National Labor Relations Board, ___ U.S. ___, 130 S.Ct. 2635, ___ L.Ed.2d ___, 2010 WL 2400089 (2010).

  8. New Process Steel, L.P. v. N.L.R.B

    564 F.3d 840 (7th Cir. 2009)   Cited 15 times   4 Legal Analyses
    In New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit concluded that a two-member panel of the NLRB — the same panel that adjudicated the instant case — "had authority to hear the labor dispute," id. at 848.

  9. Lee Lumber & Building Material Corp. v. Nat'l Labor Relations Bd.

    117 F.3d 1454 (D.C. Cir. 1997)   Cited 27 times   3 Legal Analyses
    Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them

  10. Northeastern Land v. National Labor Relations

    560 F.3d 36 (1st Cir. 2009)   Cited 14 times   2 Legal Analyses
    In Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), the court held that, "[t]he Board's delegation of its institutional power to a panel that ultimately consisted of a two-member quorum because of a vacancy was lawful under the plain text of section 3(b)."

  11. Section 554 - Adjudications

    5 U.S.C. § 554   Cited 1,043 times   31 Legal Analyses
    Granting authority to agencies to "issue a declaratory order to terminate a controversy or remove uncertainty."