Heartland Health Care Center

13 Cited authorities

Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Foltz v. U. S. News World Report
490 U.S. 1108 (1989) Cited 36 times
Timing of discharge made employer motivation "stunningly obvious"
United Services Auto. Ass'n v. N.L.R.B
387 F.3d 908 (D.C. Cir. 2004) Cited 17 times
Applying Essex rule where company banned solicitation and distribution “at any time in the work area and only during nonworking hours in non-work areas”
SOCIEDAD ESPANOLA DE AUXILIO v. N.L.R.B
414 F.3d 158 (1st Cir. 2005) Cited 12 times
Affirming the Board's conclusion that the sporadic use of per diem employees for employee shortages was not equivalent to a past practice of subcontracting that would have allowed the defendant hospital to act unilaterally in hiring subcontractors
N.L.R.B. v. S.E. Nichols, Inc.
862 F.2d 952 (2d Cir. 1988) Cited 30 times
Finding that violations at various locations managed by the same district supervisor justified an order covering all locations managed by that district supervisor
Florida Steel Corp. v. N.L.R.B
587 F.2d 735 (5th Cir. 1979) Cited 37 times
Holding that company letter to employees advising them of their right to ask for an opportunity to obtain legal counsel before speaking with a NLRB agent following a failed union election was protected speech under the First Amendment and § 8(c)
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
N.L.R.B. v. American Linen Supply Co.
945 F.2d 1428 (8th Cir. 1991) Cited 12 times
No. 90-1467. Submitted December 13, 1990. Decided October 4, 1991. Rehearing and Rehearing En Banc Denied December 4, 1991. Frederick Havard, Washington, D.C., argued (Jerry M. Hunter, Robert E. Allen and Aileen A. Armstrong, Washington, D.C., on brief), for petitioner. William Harding, Lincoln, Neb., argued (Jack L. Shultz and Jerry L. Pigsley, Lincoln, Neb., and Cecil R. Hedger, Denver, Colo., on brief), for respondent. Petition for enforcement of order from National Labor Relations Board. Before
Mathews Readymix, Inc. v. N. L. R. B
165 F.3d 74 (D.C. Cir. 1999) Cited 5 times
Holding that uncontested coercive interrogation of replacement employees did not taint the employees' signatures on the decertification petition

Heartland Health Care Center

13 Cited authorities

Approving "discovery-type standard"

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Timing of discharge made employer motivation "stunningly obvious"

Applying Essex rule where company banned solicitation and distribution “at any time in the work area and only during nonworking hours in non-work areas”

Affirming the Board's conclusion that the sporadic use of per diem employees for employee shortages was not equivalent to a past practice of subcontracting that would have allowed the defendant hospital to act unilaterally in hiring subcontractors

Finding that violations at various locations managed by the same district supervisor justified an order covering all locations managed by that district supervisor

Holding that company letter to employees advising them of their right to ask for an opportunity to obtain legal counsel before speaking with a NLRB agent following a failed union election was protected speech under the First Amendment and § 8(c)

Affirming Rossmore House, 269 NLRB 1176

Holding that uncontested coercive interrogation of replacement employees did not taint the employees' signatures on the decertification petition