E.I. Du Pont de Nemours and Company

11 Cited authorities

Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Labor Board v. Truitt Mfg. Co.
351 U.S. 149 (1956) Cited 223 times 8 Legal Analyses
Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith
Canning v. Nat'l Labor Relations Bd.
705 F.3d 490 (D.C. Cir. 2013) Cited 96 times 37 Legal Analyses
Holding that such a challenge qualifies as an "extraordinary circumstance"
Evans v. Stephens
387 F.3d 1220 (11th Cir. 2004) Cited 15 times 12 Legal Analyses
Holding President did not exceed constitutional authority in making recess judicial appointment
Monmouth Care Ctr. v. Nat'l Labor Relations Bd.
672 F.3d 1085 (D.C. Cir. 2012) Cited 7 times
Declining to overturn administrative law judge's credibility determination “based on a combination of testimonial demeanor and a lack of specificity and internal corroboration”
United States Testing Co. v. N.L.R.B
160 F.3d 14 (D.C. Cir. 1998) Cited 18 times
Rejecting employer's contention that it had insufficient notice regarding the potential relevance of a union request for individual insurance claims information because "context is everything," and the employer "put on the table" the concern of growing health care costs
N.L.R.B. v. Associated General Contractors
633 F.2d 766 (9th Cir. 1980) Cited 33 times
No. 79-7484. Argued and Submitted September 9, 1980. Decided October 16, 1980. Rehearing Denied December 22, 1980. Jerrold J. Wohlgemuth, Washington, D.C., for petitioner. James P. Watson, Los Angeles, Cal. (on brief), for respondent. Victor J. Van Bourg, Van Bourg, Allen, Weinberg Roger, San Francisco, Cal., for intervenor. On Application for Enforcement of an Order of the National Labor Relations Board. Before WRIGHT and POOLE, Circuit Judges, and BROWN, Senior District Judge. Of the District of
Curtiss-Wright, Wright Aero. Div. v. N.L.R.B
347 F.2d 61 (3d Cir. 1965) Cited 55 times
Noting the Board has "considerable leeway in amplifying or expanding certain details not specifically set forth in the complaint if they accord with the general substance of the complaint"
United States v. Woodley
751 F.2d 1008 (9th Cir. 1985) Cited 14 times 3 Legal Analyses
Holding that recess appointments clause applies to all vacancies that exist when the Senate is in recess and noting that the courts and the executive branch have consistently adhered to this view
United States v. Allocco
305 F.2d 704 (2d Cir. 1962) Cited 25 times 3 Legal Analyses
Finding the President may make appointments to all vacancies that exist during a Senate recess

E.I. Du Pont de Nemours and Company

11 Cited authorities

Approving "discovery-type standard"

Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

Holding that such a challenge qualifies as an "extraordinary circumstance"

Holding President did not exceed constitutional authority in making recess judicial appointment

Declining to overturn administrative law judge's credibility determination “based on a combination of testimonial demeanor and a lack of specificity and internal corroboration”

Rejecting employer's contention that it had insufficient notice regarding the potential relevance of a union request for individual insurance claims information because "context is everything," and the employer "put on the table" the concern of growing health care costs

Noting the Board has "considerable leeway in amplifying or expanding certain details not specifically set forth in the complaint if they accord with the general substance of the complaint"

Holding that recess appointments clause applies to all vacancies that exist when the Senate is in recess and noting that the courts and the executive branch have consistently adhered to this view

Finding the President may make appointments to all vacancies that exist during a Senate recess