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Fresenius USA Mfg., Inc.

352 N.L.R.B. 679 (N.L.R.B. 2008)
Fresenius USA Mfg., Inc.

22 Cited authorities

  1. Skyline Corp. v. N.L.R.B

    613 F.2d 1328 (5th Cir. 1980)   Cited 104 times
    Stating that conclusory assertion in brief could not establish that company had exercised due diligence in obtaining new evidence

  2. Amalgamated Cloth. Tex. Wkrs. v. N.L.R.B

    736 F.2d 1559 (D.C. Cir. 1984)   Cited 39 times
    Finding the Board's decision not to overturn an election based on anonymous incidents was within its discretion because ordering a rerun election on that basis would “risk futility” and would “be devastatingly unfair to the majority of employees who have voted for the union”

  3. New England Health Care Union v. N.L.R.B

    448 F.3d 189 (2d Cir. 2006)   Cited 10 times   1 Legal Analyses
    Finding that the employer “made a conscious decision to tell the Union nothing about the hiring of permanent replacements, and took active measures to keep the replacement campaign a secret while hiring as many permanent replacements as it could before the Union caught on,” and noting that the employer described the plan as a “well-executed surprise event” that had “[the Union] in a real bind,” and informed a temp agency that “its plans regarding permanent replacements were to be kept ‘hush-hush’ ”

  4. Elizabethtown Gas v. National Lab. Relations

    212 F.3d 257 (4th Cir. 2000)   Cited 7 times
    Declining to overturn election where Board agent left ballot box unattended and unsecured but other observers were present and observed no tampering

  5. N.L.R.B. v. Duriron Co., Inc.

    978 F.2d 254 (6th Cir. 1992)   Cited 13 times

    No. 91-6415. Argued September 28, 1992. Decided October 27, 1992. Aileen A. Armstrong, Deputy Associate Gen. Counsel, Linda Dreeben (briefed), Lisa Richardson Shearin (argued and briefed), N.L.R.B., Washington, D.C., Gerald P. Fleischut, Director, N.L.R.B., Memphis, Tenn., for petitioner. Robert J. Brown (argued and briefed), Teresa D. Jones, Thompson, Hine Flory, Dayton, Ohio, Gordon Jackson, Jackson, Shields, Yeiser Cantrell, Cordova, Tenn., for respondent. Before: NELSON and SILER, Circuit Judges;

  6. N.L.R.B. v. Browning-Ferris Indus., Louisville

    803 F.2d 345 (7th Cir. 1986)   Cited 13 times
    Hearing not necessary where Regional Director accepted as true all of the evidence the employer presented

  7. N.L.R.B. v. Osborn Transp., Inc.

    589 F.2d 1275 (5th Cir. 1979)   Cited 19 times
    Declining to reach the question for the same reason offered in Dobbs House, 613 F.2d at 1260-61

  8. Rochester Joint Board, Amalgamated Clothing & Textile Workers Union v. Nat'l Labor Relations Bd.

    896 F.2d 24 (2d Cir. 1990)   Cited 8 times

    Nos. 443, 580, Dockets 89-4085, 89-4103. Argued November 29, 1989. Decided February 14, 1990. Michael T. Harren, Rochester, N.Y. (Chamberlain, D'Amanda, Oppenheimer Greenfield, Rochester, N.Y., of counsel), for Rochester Joint Bd. Gerald L. Paley, Rochester, N.Y. (Phillips, Lytle, Hitchcock, Blaine Huber, Rochester, N.Y., of counsel), for Kleen Brite Laboratories, Inc. Barbara A. Atkin, Supervising Atty., NLRB, Washington, D.C. (Joseph E. Desio, Acting Gen. Counsel, Robert E. Allen, Associate Gen

  9. Polymers, Inc. v. N.L.R.B

    414 F.2d 999 (2d Cir. 1969)   Cited 29 times
    In Polymers, the National Labor Relations Board and the court found the remote possibility of tampering insufficient to invalidate an election.

  10. N.L.R.B. v. Mich. Rubber Products, Inc.

    738 F.2d 111 (6th Cir. 1984)   Cited 12 times   1 Legal Analyses
    In NLRB v. Michigan Rubber Products, Inc., 738 F.2d 111 (6th Cir. 1984), the Sixth Circuit held that a Board agent's request that one of the observers station himself at the door and admit employees into the voting area one at a time did not give the impression of a pro-union bias, or appear to afford the union control over the voting process.