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DH Long Point Management LLC dba Terranea Resort

31-CA-226377 (N.L.R.B. Jun. 21, 2019)
DH Long Point Management LLC dba Terranea Resort

21 Cited authorities

  1. Nat'l Labor Relations Bd. v. Bell Aerospace Co.

    416 U.S. 267 (1974)   Cited 760 times   8 Legal Analyses
    Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"

  2. 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

  3. Zimomra v. Alamo Rent-A-Car

    522 U.S. 948 (1997)   Cited 104 times
    Holding that active supervision unnecessary where challenged ordinance left defendants, car rental companies at Denver International Airport, virtually no discretionary authority in setting and collecting usage fees from their customers because usage fee determined by detailed formula

  4. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  5. Nat'l Labor Relations Bd. v. Relco Locomotives, Inc.

    734 F.3d 764 (8th Cir. 2013)   Cited 95 times
    Holding that a challenge to the composition of the National Labor Relations Board under the Recess Appointments Clause was not jurisdictional and could be forfeited if not raised to the Board

  6. Mahnke v. Washington Metro. Area Transit Auth.

    821 F. Supp. 2d 125 (D.D.C. 2011)   Cited 29 times
    Holding that the defendant's violation of a traffic regulation does not bar the contributory negligence defense because, under D.C. law, both drivers and pedestrians have "a duty 'to keep a proper lookout'"

  7. Parsippany Hotel Management Co. v. N.L.R.B

    99 F.3d 413 (D.C. Cir. 1996)   Cited 44 times
    Holding that court will not consider argument not raised in petitioner's opening brief

  8. Fort Dearborn Co. v. Nat'l Labor Relations Bd.

    827 F.3d 1067 (D.C. Cir. 2016)   Cited 18 times
    Concluding employer acted inconsistently with policy and past practice when discharging employee

  9. Howell Chev. Co. v. Labor Board

    346 U.S. 482 (1953)   Cited 38 times
    Holding that a car retailer is subject to Commerce Clause as an "'integral part' of General Motors' national system of distribution."

  10. Spurlino Materials, LLC v. Nat'l Labor Relations Bd.

    645 F.3d 870 (7th Cir. 2011)   Cited 10 times
    Establishing new employee evaluation system was mandatory subject of bargaining

  11. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,214 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  12. Rule 407 - Subsequent Remedial Measures

    Fed. R. Evid. 407   Cited 1,431 times   13 Legal Analyses
    Allowing for the exclusion of evidence of subsequent remedial measures

  13. Section 1151 - Subsequent remedial measures

    Cal. Evid. Code § 1151   Cited 97 times   2 Legal Analyses

    When, after the occurrence of an event, remedial or precautionary measures are taken, which, if taken previously, would have tended to make the event less likely to occur, evidence of such subsequent measures is inadmissible to prove negligence or culpable conduct in connection with the event. Ca. Evid. Code § 1151 Enacted by Stats. 1965, Ch. 299.