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HY-BRAND INDUSTRIAL CONTRACTORS, LTD AND BRANDT CONSTRUCTION, CO., SINGLE EMPLOYERS AND/OR JOINT EMP

365 NLRB No. 156 (N.L.R.B. 2017)
HY-BRAND INDUSTRIAL CONTRACTORS, LTD AND BRANDT CONSTRUCTION, CO., SINGLE EMPLOYERS AND/OR JOINT EMP

136 Cited authorities

  1. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,011 times   73 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,785 times   60 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  3. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,502 times   24 Legal Analyses
    Holding that it was for the court to decide whether a particular labor dispute fell within the arbitration clause of a collective-bargaining agreement

  4. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,621 times   41 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  5. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,510 times   46 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  6. Doe I v. Wal-Mart Stores, Inc.

    572 F.3d 677 (9th Cir. 2009)   Cited 3,260 times   2 Legal Analyses
    Finding that plaintiffs' general statement that defendant exercised control over their daily employment to be conclusory and affirming dismissal

  7. Kamen v. Kemper Financial Services, Inc.

    500 U.S. 90 (1991)   Cited 1,232 times   5 Legal Analyses
    Holding parties' legal theories not binding on Court, which "retains the independent power to identify and apply the proper construction of governing law"

  8. Community for Creative Non-Violence v. Reid

    490 U.S. 730 (1989)   Cited 1,169 times   17 Legal Analyses
    Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

  9. Burlington Truck Lines v. U.S.

    371 U.S. 156 (1962)   Cited 1,963 times   9 Legal Analyses
    Holding a rule invalid under the APA where "the Commission made no findings specifically directed to the choice between two vastly different remedies with vastly different consequences to the carriers and the public . . . [and failed to] articulate any rational connection between the facts found and the choice made"

  10. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,810 times   119 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  11. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,317 times   84 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  12. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,092 times   34 Legal Analyses
    Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

  13. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,213 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  14. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 918 times   50 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services