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EMPIRE JANITORIAL SALES & SERVICE, LLC

364 NLRB No. 138 (N.L.R.B. 2016)
EMPIRE JANITORIAL SALES & SERVICE, LLC

5 Cited authorities

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

    482 U.S. 27 (1987)   Cited 369 times   12 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  2. Peoples Gas System, Inc. v. N.L.R.B

    629 F.2d 35 (D.C. Cir. 1980)   Cited 64 times
    In Peoples Gas, the court recognized, for the first time, the Board's obligation to provide a reasoned explanation for ordering an affirmative bargaining order: "A remedial order should recognize the competing considerations which are potentially affected by the remedy chosen, be grounded in factual determinations rather than speculation, and explain how, in light of present circumstances its remedy can be expected to effectuate the purposes of the Act."Id. at 45 (footnote omitted).

  3. Lee Lumber & Building Material Corp. v. Nat'l Labor Relations Bd.

    117 F.3d 1454 (D.C. Cir. 1997)   Cited 27 times   3 Legal Analyses
    Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them

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

    280 F.3d 1053 (D.C. Cir. 2002)   Cited 8 times
    Noting that because the party "failed to raise a particularized challenge to the bargaining order before the Board, this court has no authority to address the issue"

  5. N.L.R.B. v. DeBartelo

    241 F.3d 207 (2d Cir. 2001)   Cited 8 times
    Holding that substantial continuity "is evaluated principally from the employees' perspective, the crucial question being whether those employees who have been retained will understandably view their job situations as essentially unaltered"