502 U.S. 527 (1992) Cited 156 times 18 Legal Analyses
Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent
In New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit concluded that a two-member panel of the NLRB — the same panel that adjudicated the instant case — "had authority to hear the labor dispute," id. at 848.
Deferring to the NLRB's citation of a "company's decision to seek treble damages as additional evidence of retaliatory motive" but noting that "had the suit not been so meritless — our view might be different" (citing Kline v. Coldwell Banker Co., 508 F.2d 226, 235 (9th Cir. 1974) (characterizing antitrust treble damages as punitive))
In Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), the court held that, "[t]he Board's delegation of its institutional power to a panel that ultimately consisted of a two-member quorum because of a vacancy was lawful under the plain text of section 3(b)."
Providing that a person intentionally interferes with a lawful business carried on by the owner or agent of a business establishment open to the public "by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave ... by a peace officer acting at the request of the owner or the owner's agent"