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FEDEX HOME DELIVERY

361 N.L.R.B. 610 (N.L.R.B. 2014)
FEDEX HOME DELIVERY

39 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,199 times   616 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,506 times   46 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  3. Watson v. Fort Worth Bank Tr.

    487 U.S. 977 (1988)   Cited 1,401 times   7 Legal Analyses
    Holding that plaintiff has burden to show that a particular employment practice "caused the exclusion of applicants for jobs or promotions because of their membership in a protected group"

  4. City of Arlington v. Fed. Commc'ns Comm'n

    569 U.S. 290 (2013)   Cited 583 times   14 Legal Analyses
    Holding that Chevron applies to questions about the scope of an agency's statutory authority

  5. Community for Creative Non-Violence v. Reid

    490 U.S. 730 (1989)   Cited 1,169 times   17 Legal Analyses
    Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

  6. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,197 times   14 Legal Analyses
    Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"

  7. Nat'l Labor Relations Bd. v. Bell Aerospace Co.

    416 U.S. 267 (1974)   Cited 758 times   8 Legal Analyses
    Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"

  8. Sure-Tan, Inc. v. Nat'l Labor Relations Bd.

    467 U.S. 883 (1984)   Cited 416 times   3 Legal Analyses
    Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge

  9. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  10. Mayor v. Educational Equality League

    415 U.S. 605 (1974)   Cited 345 times
    Holding racial-composition percentage comparisons with respect to thirteen-member panel "were correctly rejected by the District Court as meaningless"

  11. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,090 times   34 Legal Analyses
    Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

  12. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,211 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  13. Section 154 - National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses

    29 U.S.C. § 154   Cited 17 times
    Providing that attorneys appointed by the National Labor Relations Board "may, at the direction of the Board, appear for and represent the Board in any case in court"