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Empire State Weeklies, Inc.

354 N.L.R.B. 815 (N.L.R.B. 2009)
Empire State Weeklies, Inc.

20 Cited authorities

  1. Butz v. Economou

    438 U.S. 478 (1978)   Cited 3,961 times   2 Legal Analyses
    Holding that ALJs are entitled to absolute immunity from suit for damages stemming from official acts because they are "functionally comparable" to judges

  2. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,707 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  3. Federal Maritime Comm'n v. South Carolina Ports A.

    535 U.S. 743 (2002)   Cited 569 times   39 Legal Analyses
    Holding that Congress may not use "Article I powers to create court-like administrative tribunals where sovereign immunity does not apply"

  4. 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."

  5. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  6. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  7. Travelers Ins. Co. v. Carpenter

    411 F.3d 323 (2d Cir. 2005)   Cited 75 times   1 Legal Analyses
    Discussing Travelers Ins. Co. v. Carpenter, 177 Vt. 651, 858 A.2d 702 (unpublished order)

  8. Laurel Baye Healthcare of Lake Lanier, Inc. v. Nat'l Labor Relations Bd.

    564 F.3d 469 (D.C. Cir. 2009)   Cited 30 times   2 Legal Analyses
    Holding that two-member NLRB cannot issue decisions

  9. Snell Island SNF LLC v. Nat'l Labor Relations Bd.

    568 F.3d 410 (2d Cir. 2009)   Cited 19 times   1 Legal Analyses
    In Snell Island SNF LLC v. National Labor Relations Board, 568 F.3d 410 (2d Cir. 2009), we held that two Board members may exercise the Board's authority in such circumstances as a quorum of a three-member delegate group, overridden that holding in New Process Steel, L.P. v. National Labor Relations Board, ___ U.S. ___, 130 S.Ct. 2635, ___ L.Ed.2d ___, 2010 WL 2400089 (2010).

  10. New Process Steel, L.P. v. N.L.R.B

    564 F.3d 840 (7th Cir. 2009)   Cited 15 times   4 Legal Analyses
    In New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit concluded that a two-member panel of the NLRB — the same panel that adjudicated the instant case — "had authority to hear the labor dispute," id. at 848.

  11. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 7,083 times   24 Legal Analyses
    Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB