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Durham School Services, L.P.

364 NLRB No. 107 (N.L.R.B. 2016)
Durham School Services, L.P.

18 Cited authorities

  1. Republic Aviation Corp. v. Board

    324 U.S. 793 (1945)   Cited 495 times   34 Legal Analyses
    Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

  2. 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

  3. Webb v. Int'l Bus. Machs. Corp.

    568 U.S. 932 (2012)

    No. 12–110. 10-01-2012 Cavanaugh WEBB, petitioner, v. INTERNATIONAL BUSINESS MACHINES CORPORATION. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice BREYER and Justice ALITO took no part in the consideration or decision of this petition.

  4. Fivecap, Inc. v. N.L.R.B

    294 F.3d 768 (6th Cir. 2002)   Cited 32 times
    Holding that circulating a petition constituted concerted activity

  5. N.L.R.B. v. Consolidated Bus Transit

    577 F.3d 467 (2d Cir. 2009)   Cited 16 times
    Interpreting similar language in 29 C.F.R. § 101.10 as meaning "that the Board's procedures are to be controlled by the Federal Rules of Civil Procedure as far as practicable" (cleaned up)

  6. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

  7. Autonation, Inc. v. Nat'l Labor Relations Bd.

    801 F.3d 767 (7th Cir. 2015)   Cited 7 times
    Finding employer's claim that it fired employee due to job abandonment to be a pretext because employer knew that employee had filed for unemployment benefits and was under the impression that he had already been terminated and yet the company did nothing to correct the employee's alleged misimpression

  8. Durham School Services, LP v. Nat'l Labor Relations Bd.

    821 F.3d 52 (D.C. Cir. 2016)   Cited 4 times
    Noting that an employer may refuse to bargain with certified unions "in order to elicit an unfair labor practice charge and thereby obtain judicial review" of certification orders

  9. California Gas Tran. v. N.L.R.B

    507 F.3d 847 (5th Cir. 2007)   Cited 9 times
    Acknowledging that terminating employment based on union activity is an unfair labor practice subject to the NLRA

  10. Asplundh Tree Expert Co. v. N.L.R.B

    365 F.3d 168 (3d Cir. 2004)   Cited 10 times   1 Legal Analyses
    Declining to adopt the "balance of contacts" test and rejecting the argument that extraterritorial application of the NLRA was proper because there was a U.S.-based "employment relationship" between a U.S. corporation and two of its discharged employees who were on a temporary work assignment in Canada

  11. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,092 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"