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Fresenius USA Manufacturing

02-CA-039518 (N.L.R.B. Aug. 19, 2010)
Fresenius USA Manufacturing

13 Cited authorities

  1. New Process Steel v. N.L.R.B.

    560 U.S. 674 (2010)   Cited 141 times   49 Legal Analyses
    Holding that the Board cannot exercise its powers absent a lawfully appointed quorum

  2. 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

  3. Beth Israel Hospital v. Nat'l Labor Relations Bd.

    437 U.S. 483 (1978)   Cited 220 times   5 Legal Analyses
    Holding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time

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

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  5. La Day v. Catalyst Tech., Inc.

    302 F.3d 474 (5th Cir. 2002)   Cited 176 times   1 Legal Analyses
    Holding evidence of a harasser's intention "to have some kind of sexual contact with the plaintiff" "especially `credible' proof that the harasser may be homosexual"

  6. Crimm v. Missouri Pacific R. Co.

    750 F.2d 703 (8th Cir. 1984)   Cited 91 times
    Holding that handwritten notes taken during an interview and kept with the interview report were admissible as a business record

  7. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

  8. Perdue Farms, Inc. v. Nat. Lbr. Relations Bd.

    144 F.3d 830 (D.C. Cir. 1998)   Cited 28 times
    Deferring to agency's resolution of contradictory evidence

  9. Hotel Emp. Restaurant Emp. Un. v. N.L.R.B

    760 F.2d 1006 (9th Cir. 1985)   Cited 26 times   6 Legal Analyses
    Affirming Rossmore House, 269 NLRB 1176

  10. Joanna Cotton Mills v. Nat'l Labor Relations Bd.

    176 F.2d 749 (4th Cir. 1949)   Cited 60 times
    Holding that circulation of a petition by an employee for the removal of a foreman against whom the employee held a personal grudge was not protected activity

  11. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,987 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  12. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,302 times   97 Legal Analyses
    Granting employees the right to engage in or refrain from engaging in union activity