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E.S. Sutton Realty Co.

336 N.L.R.B. 405 (N.L.R.B. 2001)
E.S. Sutton Realty Co.

10 Cited authorities

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

    340 U.S. 474 (1951)   Cited 9,674 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 "

  2. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  3. Vincent Industrial Plastics, Inc. v. Nat'l Labor Relations Bd.

    209 F.3d 727 (D.C. Cir. 2000)   Cited 44 times   3 Legal Analyses
    In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."

  4. Kallmann v. N.L.R.B

    640 F.2d 1094 (9th Cir. 1981)   Cited 63 times
    Holding that an employer could not be compelled to pay a greater amount of back-pay than the amount the employer would have paid its employees in the absence of the unfair labor practice

  5. 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

  6. Exxel/Atmos, Inc. v. Nat'l Labor Relations Bd.

    28 F.3d 1243 (D.C. Cir. 1994)   Cited 28 times   2 Legal Analyses
    Stressing appropriateness of bargaining order to remedy bad faith bargaining during certification year

  7. Kinney Drugs, Inc. v. N.L.R.B

    74 F.3d 1419 (2d Cir. 1996)   Cited 26 times   1 Legal Analyses
    Holding that credibility findings upheld unless "hopelessly incredible"

  8. Beverly Enterprises v. National Lab. rel

    139 F.3d 135 (2d Cir. 1998)   Cited 9 times   1 Legal Analyses
    Referring to protection under § 8(c) in campaign context

  9. Ewing v. N.L.R.B

    732 F.2d 1117 (2d Cir. 1984)   Cited 11 times
    Rejecting Board's attempt to divorce trial examiner's credibility assessment from analysis of evidence and derivative inferences as to whether Company's failure to recall employee from layoff was motivated by suspicion that employee had reported Company to regulators and triggered inspection

  10. Rule 52 - Findings and Conclusions by the Court; Judgment on Partial Findings

    Fed. R. Civ. P. 52   Cited 26,807 times   103 Legal Analyses
    Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"