§

EBY-Brown Co., L.P.

328 N.L.R.B. 496 (N.L.R.B. 1999)
EBY-Brown Co., L.P.

82 Cited authorities

  1. Litton Financial Printing Division v. Nat'l Labor Relations Bd.

    501 U.S. 190 (1991)   Cited 804 times   8 Legal Analyses
    Holding that where a court must determine the validity of an arbitration agreement, it "cannot avoid that duty" just because the court must decide an issue on the merits

  2. Tome v. United States

    513 U.S. 150 (1995)   Cited 488 times   2 Legal Analyses
    Holding that the out-of-court statement "must have been made before the alleged influence, or motive to fabricate, arose"

  3. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 657 times   11 Legal Analyses
    Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

  4. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,038 times   71 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  5. Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.

    482 U.S. 27 (1987)   Cited 372 times   13 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  6. Golden State Bottling Co. v. Nat'l Labor Relations Bd.

    414 U.S. 168 (1973)   Cited 501 times   20 Legal Analyses
    Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties

  7. First National Maintenance Corp. v. Nat'l Labor Relations Bd.

    452 U.S. 666 (1981)   Cited 270 times   16 Legal Analyses
    Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons

  8. Nat'l Labor Relations Bd. v. Curtin Matheson Scientific, Inc.

    494 U.S. 775 (1990)   Cited 178 times   2 Legal Analyses
    Holding that Board has "considerable deference" in determining the legal rule to apply and should be upheld "as long as it is rational and consistent with the Act"

  9. Holly Farms Corp. v. Nat'l Labor Relations Bd.

    517 U.S. 392 (1996)   Cited 136 times
    Holding that where statute's meaning is obvious, courts and Board must defer to Congress's unambiguous intent, but where ambiguity exists, courts must defer to an agency's reasonable interpretation of the statute

  10. Labor Board v. Walton Mfg. Co.

    369 U.S. 404 (1962)   Cited 298 times
    Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,878 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,173 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  13. Section 2601 - Findings and purposes

    29 U.S.C. § 2601   Cited 7,892 times   39 Legal Analyses
    Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods