Detroit Edison Co. v. Nat'l Labor Relations Bd.

Holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores

Nat'l Labor Relations Bd. v. Acme Industrial Co.

Approving "discovery-type standard"

McCormack v. Hiedeman

Holding that the fact that the plaintiff may ultimately be entitled to declaration that the statute in question is unconstitutional and thus unenforceable against anyone “does not mean that the preliminary injunction should apply so broadly, at least in the absence of class certification.”

Nat'l Labor Relations Bd. v. Fant Milling Co.

Holding that an untimely allegation of an unlawful unilateral wage increase was sufficiently related to a timely refusal-to-bargain charge, because the wage increase "largely influenced" the Board's finding that an unlawful refusal to bargain had occurred

Rindfleisch v. Gentiva Health Sys., Inc.

Finding that "plaintiffs' choice of forum should be afforded minimal deference here, given that plaintiffs' actions—seeking to try this case in a District in which plaintiffs neither reside nor work—suggest that they may simply be forum shopping" (citing Foster v. Nationwide Mut. Ins. Co., No. 07-cv-4928 (SI), 2007 WL 4410408, at *3 (N.D. Cal. Dec. 14, 2007))

San Diego Newspaper Guild, Etc. v. N.L.R.B

Rejecting a union's claim for information when the CBA was not up for renewal for two years and there was no evidence of contract negotiations

Ross Stores, Inc. v. N.L.R.B

Explaining that when the Board found that there was "no sufficient objective basis" for finding that employees viewed a statement as a threat, § 158(c) "plainly bars the Board not only from finding the speech was an unfair labor practice ... but also from using it as ‘evidence of an unfair labor practice.’ "

Curtiss-Wright, Wright Aero. Div. v. N.L.R.B

Noting the Board has "considerable leeway in amplifying or expanding certain details not specifically set forth in the complaint if they accord with the general substance of the complaint"

N.L.R.B. v. U.S. Postal Service

Holding that an employer violates the NLRA when it fails “to provide information that is needed by the bargaining representative for the proper performance of its duties”

N.L.R.B. v. Ohio Power Co.

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

Section 158 - Unfair labor practices

Granting employees a wage increase without bargaining with Local 355