Bristol Convalescent Home, Inc

13 Cited authorities

Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 322 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
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
Standard Sanitary Mfg. Co. v. U.S.
226 U.S. 20 (1912) Cited 155 times
Holding patent rights do not apply to preempt price-fixing restrictions imposed by the Sherman Act
Local Union 1395, Intern. Broth. v. N.L.R.B
797 F.2d 1027 (D.C. Cir. 1986) Cited 50 times
Adopting this section of the Restatement
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
Gary Hobart Water Corporation v. N.L.R.B
511 F.2d 284 (7th Cir. 1975) Cited 26 times
In Gary Hobart, not only was the contract lacking any acknowledgement of the industrial necessity to avoid work stoppages, but the no-strike clause and the grievance and arbitration procedures of the contract were fundamentally related.
United States Steel Corp. v. N.L.R.B
711 F.2d 772 (7th Cir. 1983) Cited 15 times
Holding that "in cases where an arbitration clause and an express no-strike clause are closely interwoven, it may be reasonable to infer that the parties intended the two provisions to have the same scope," but where the no-strike clause is "functionally independent" of the arbitration clause no such inference arises
Amcar Division, ACF Industries Inc. v. Nat'l Labor Relations Bd.
641 F.2d 561 (8th Cir. 1981) Cited 15 times
In Amcar Division ACF Industries, Inc. v. NLRB, 641 F.2d 561 (8th Cir. 1981), the Eighth Circuit found that employees may waive their right to engage in sympathy strikes.
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,874 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Bristol Convalescent Home, Inc

13 Cited authorities

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

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

Holding patent rights do not apply to preempt price-fixing restrictions imposed by the Sherman Act

Adopting this section of the Restatement

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

In Gary Hobart, not only was the contract lacking any acknowledgement of the industrial necessity to avoid work stoppages, but the no-strike clause and the grievance and arbitration procedures of the contract were fundamentally related.

In Amcar Division ACF Industries, Inc. v. NLRB, 641 F.2d 561 (8th Cir. 1981), the Eighth Circuit found that employees may waive their right to engage in sympathy strikes.

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions