Dolchin Pratt, LLC d/b/a Jimmy John's Gourmet Sandwiches, Dolchin McHenry Row, LLC d/b/a Jimmy John'

15 Cited authorities

United States v. Powell
379 U.S. 48 (1964) Cited 1,928 times 20 Legal Analyses
Holding that the government needs to show probable cause only when the taxpayer raises a substantial question that judicial enforcement constitutes an abuse of process
United States v. Morton Salt Co.
338 U.S. 632 (1950) Cited 905 times 9 Legal Analyses
Holding that although corporations do not have a right to privacy that is coextensive with that of individuals, they "may and should" have a right against having unreasonable demands levied on them by the federal government in violation of the due process clause of the Fifth Amendment
Okla. Press Pub. Co. v. Walling
327 U.S. 186 (1946) Cited 813 times 1 Legal Analyses
Holding that although agency must defend purpose behind investigation, it is not required to prove cause of action at subpoena enforcement stage
Nat'l Labor Relations Bd. v. Fant Milling Co.
360 U.S. 301 (1959) Cited 106 times 1 Legal Analyses
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
Nat'l Labor Relations Bd. v. North Bay Plumbing, Inc.
102 F.3d 1005 (9th Cir. 1996) Cited 55 times 2 Legal Analyses
Holding that the NLRB was not conducting "improper pre-trial discovery" by issuing investigative subpoenas because it "was merely exercising its congressionally authorized investigative powers, nothing more."
Chamber of Commerce of U.S. v. Nat'l Labor Relations Bd.
721 F.3d 152 (4th Cir. 2013) Cited 16 times 1 Legal Analyses
No. 12–1757. 2013-06-14 CHAMBER OF COMMERCE OF the UNITED STATES; South Carolina Chamber of Commerce, Plaintiffs–Appellees, v. NATIONAL LABOR RELATIONS BOARD; Mark Pearce, in his official capacity as Chairman of the National Labor Relations Board; Brian Hayes, in his official capacity as member of the National Labor Relations Board; Lafe Solomon, in his official capacity as General Counsel; Richard F. Griffin, Jr., Member; Terence F. Flynn, Member; Sharon Block, Member, Defendants–Appellants, and
Perdue Farms, Inc. v. Nat. Lbr. Relations Bd.
144 F.3d 830 (D.C. Cir. 1998) Cited 28 times
Deferring to agency's resolution of contradictory evidence
Beverly California Corp. v. Nat'l Labor Relations Bd.
227 F.3d 817 (7th Cir. 2000) Cited 20 times 1 Legal Analyses
Holding that an employer may not probe directly or indirectly into an employee's reasons for supporting a union
Nat'l Labor Relations Bd. v. Marano
996 F. Supp. 2d 720 (E.D. Wis. 2014) Cited 4 times
Case Nos. 13–mc–68 13–mc–69. 2014-01-24 NATIONAL LABOR RELATIONS BOARD, Applicant, v. Joseph MARANO, Gregory Lazariotis, Respondents. Andrew S. Gollin, National Labor Relations Board, Milwaukee, WI, for Applicant. Thomas W. Scrivner, Michael Best & Friedrich LLP, Milwaukee, WI, for Respondents. RUDOLPH T. RANDA Andrew S. Gollin, National Labor Relations Board, Milwaukee, WI, for Applicant. Thomas W. Scrivner, Michael Best & Friedrich LLP, Milwaukee, WI, for Respondents. DECISION AND ORDER RUDOLPH
N.L.R.B. v. Interstate Dress Carriers, Inc.
610 F.2d 99 (3d Cir. 1979) Cited 38 times
Explaining that Congress omitted judicial review from Section 9 "[b]ecause of the compelling interest in moving collective bargaining forward in an expeditious manner"
Section 153 - National Labor Relations Board
29 U.S.C. § 153 Cited 383 times 14 Legal Analyses
Establishing National Labor Relations Board with an explicit removal limitation
Section 161 - Investigatory powers of Board
29 U.S.C. § 161 Cited 344 times 2 Legal Analyses
Authorizing the Board or any designee to compel "attendance of witnesses and the production of ... evidence ... from any place in the United States or any Territory or possession thereof, at any designated place of hearing "

Dolchin Pratt, LLC d/b/a Jimmy John's Gourmet Sandwiches, Dolchin McHenry Row, LLC d/b/a Jimmy John'

15 Cited authorities

Holding that the government needs to show probable cause only when the taxpayer raises a substantial question that judicial enforcement constitutes an abuse of process

Holding that although corporations do not have a right to privacy that is coextensive with that of individuals, they "may and should" have a right against having unreasonable demands levied on them by the federal government in violation of the due process clause of the Fifth Amendment

Holding that although agency must defend purpose behind investigation, it is not required to prove cause of action at subpoena enforcement stage

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

Holding that the NLRB was not conducting "improper pre-trial discovery" by issuing investigative subpoenas because it "was merely exercising its congressionally authorized investigative powers, nothing more."

Deferring to agency's resolution of contradictory evidence

Holding that an employer may not probe directly or indirectly into an employee's reasons for supporting a union

Explaining that Congress omitted judicial review from Section 9 "[b]ecause of the compelling interest in moving collective bargaining forward in an expeditious manner"

Establishing National Labor Relations Board with an explicit removal limitation

Authorizing the Board or any designee to compel "attendance of witnesses and the production of ... evidence ... from any place in the United States or any Territory or possession thereof, at any designated place of hearing "