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Diversified Enterprises, Inc.

09-CA-043110 (N.L.R.B. Jul. 27, 2007)
Diversified Enterprises, Inc.

7 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,664 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  2. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  3. Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America

    511 U.S. 571 (1994)   Cited 96 times   2 Legal Analyses
    Holding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"

  4. 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

  5. N.L.R.B. v. Dorothy Shamrock Coal Co.

    833 F.2d 1263 (7th Cir. 1987)   Cited 34 times
    Stating that "comments demonstrate a `manifest hostility' toward union activity . . . are relevant in determining the Company's motive for its conduct"

  6. George C. Foss Co. v. Nat'l Labor Relations Bd.

    752 F.2d 1407 (9th Cir. 1985)   Cited 16 times
    Finding an issue fully and fairly litigated in part because there was an opportunity for cross-examination

  7. Nat'l Labor Relations Bd. v. Universal Camera

    179 F.2d 749 (2d Cir. 1950)   Cited 24 times

    No. 54, Docket 21395. Argued December 6, 1949. Decided January 10, 1950. A. Norman Somers, Asst. Gen. Counsel, Washington, D.C., David P. Findling, Associate Gen. Counsel, Ruth Weyand, Asst. Gen. Counsel, William J. Avrutis, Atty., National Labor Relations Board, Washington, D.C., for petitioner. Kaye, Scholer, Fierman Hays, New York City, Frederick R. Livingston, New York City, for respondent. On petition of the National Labor Relations Board for an order, "enforcing" an order of the Board to "cease