Fugazy Continental Corp.

9 Cited authorities

Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,035 times 67 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Virginia Electric Co. v. Board
319 U.S. 533 (1943) Cited 326 times
Stating that the purpose of the Act is to encourage and protect "full freedom of association for workers"
Brady v. Thurston Motor Lines, Inc.
753 F.2d 1269 (4th Cir. 1985) Cited 121 times
Holding that forcing the Title VII defendants to pay for the claimant's misconduct in her subsequent employment is not properly related to the objective of the back pay requirements
N.L.R.B. v. Mastro Plastics Corporation
354 F.2d 170 (2d Cir. 1965) Cited 96 times
In Mastro, the relatives of two deceased discriminatees had testified as to the discriminatees' diligent searches for work.
Hinson v. N.L.R.B
428 F.2d 133 (8th Cir. 1970) Cited 81 times 2 Legal Analyses
Holding that Section 302 "does not comprehend solely a collective bargaining agreement to the exclusion of any other possible written agreement"
N.L.R.B. v. Brown Root, Inc.
311 F.2d 447 (8th Cir. 1963) Cited 71 times
In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.
Heinrich Motors, Inc. v. N.L.R.B
403 F.2d 145 (2d Cir. 1968) Cited 30 times
In Heinrich Motors, Inc. v. NLRB, 403 F.2d 145, 148 (2d Cir. 1968), we characterized the General Counsel's burden as that of "going forward with evidence that the employee has not wilfully incurred a loss of earnings," and cited Mastro Plastics for the proposition.
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,062 times 23 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

Fugazy Continental Corp.

9 Cited authorities

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Stating that the purpose of the Act is to encourage and protect "full freedom of association for workers"

Holding that forcing the Title VII defendants to pay for the claimant's misconduct in her subsequent employment is not properly related to the objective of the back pay requirements

In Mastro, the relatives of two deceased discriminatees had testified as to the discriminatees' diligent searches for work.

Holding that Section 302 "does not comprehend solely a collective bargaining agreement to the exclusion of any other possible written agreement"

In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.

In Heinrich Motors, Inc. v. NLRB, 403 F.2d 145, 148 (2d Cir. 1968), we characterized the General Counsel's burden as that of "going forward with evidence that the employee has not wilfully incurred a loss of earnings," and cited Mastro Plastics for the proposition.

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