Building Contractors Association

13 Cited authorities

Nat'l Labor Relations Bd. v. Bell Aerospace Co.
416 U.S. 267 (1974) Cited 761 times 8 Legal Analyses
Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"
National Labor Rel. B. v. Kentucky R. Comm. C
532 U.S. 706 (2001) Cited 181 times 29 Legal Analyses
Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit
Hill v. Florida
325 U.S. 538 (1945) Cited 207 times
Finding that the filing requirement "in and of itself" does not conflict with the NLRA
International Ass'n of Bridge, Structural & Ornamental Iron Workers, Local 3 v. Nat'l Labor Relations Bd.
843 F.2d 770 (3d Cir. 1988) Cited 119 times 1 Legal Analyses
Holding review of the Board's decision to apply a new rule of law retrospectively is deferential and that the Board's ruling will be disturbed only if it wreaks manifest injustice
Phillips v. Kennedy
542 F.2d 52 (8th Cir. 1976) Cited 76 times
In Phillips v. Kennedy, 542 F.2d 52 (8th Cir. 1976), the court declined to apply estoppel against defendant where the local union official and a fund trustee made assurances to plaintiff that he would be included in pension plan.
Kindred Nursing Centers East, LLC v. Nat'l Labor Relations Bd.
727 F.3d 552 (6th Cir. 2013) Cited 17 times 40 Legal Analyses
Enforcing the original Specialty Healthcare case
Frenchtown Acquisition Co. v. Nat'l Labor Relations Bd.
683 F.3d 298 (6th Cir. 2012) Cited 14 times
Holding charge nurses were not supervisors despite conclusory testimony by director of nursing as to their authority to discipline
N.L.R.B. v. Res-Care, Inc.
705 F.2d 1461 (7th Cir. 1983) Cited 49 times 1 Legal Analyses
Finding significant the fact that a nurse "cannot cause a nurse's aide to be fired by giving her a poor evaluation or cause her to be promoted by giving her a superlative evaluation"
Baker Concrete Constr., Inc. v. Reinforced Concrete Contractors Ass'n
820 F.3d 827 (6th Cir. 2016) Cited 8 times
No. 14–4102. 04-21-2016 BAKER CONCRETE CONSTRUCTION, INC., Plaintiff–Appellee, v. REINFORCED CONCRETE CONTRACTORS ASSOCIATION, Defendant, Reinforced Concrete Iron Workers' Local Union 372 of the International Association of Bridge Structural, Ornamental, and Reinforcing Iron Workers, Defendant–Appellant. ARGUED: David O'Brien Suetholz, Kircher, Suetholz & Grayson, PSC, Louisville, KY, for Appellant. Michael J. Underwood, Porter Wright Morris & Arthur LLP, Columbus, OH, for Appellee. ON BRIEF: David
Schnurmacher Nursing Home v. N.L.R.B
214 F.3d 260 (2d Cir. 2000) Cited 8 times 1 Legal Analyses
Finding that a letter reprimanding alleged supervisor "assumed the [supervisors's] power to direct the [employees]"
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,104 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Building Contractors Association

13 Cited authorities

Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"

Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

Finding that the filing requirement "in and of itself" does not conflict with the NLRA

Holding review of the Board's decision to apply a new rule of law retrospectively is deferential and that the Board's ruling will be disturbed only if it wreaks manifest injustice

In Phillips v. Kennedy, 542 F.2d 52 (8th Cir. 1976), the court declined to apply estoppel against defendant where the local union official and a fund trustee made assurances to plaintiff that he would be included in pension plan.

Enforcing the original Specialty Healthcare case

Holding charge nurses were not supervisors despite conclusory testimony by director of nursing as to their authority to discipline

Finding significant the fact that a nurse "cannot cause a nurse's aide to be fired by giving her a poor evaluation or cause her to be promoted by giving her a superlative evaluation"

Finding that a letter reprimanding alleged supervisor "assumed the [supervisors's] power to direct the [employees]"

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"