International Medication Systems, Ltd.

12 Cited authorities

Labor Board v. Donnelly Co.
330 U.S. 219 (1947) Cited 128 times
Holding that a hearing examiner's prior adverse ruling did not prevent him from adjudicating the same case on retrial even though the examiner's initial decision had been reversed for improper exclusion of evidence
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 times
Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination
Great Chinese Am. Sewing Co. v. N.L.R.B
578 F.2d 251 (9th Cir. 1978) Cited 35 times
Holding Board's failure to order restoration of sewing plant was not abuse of discretion in light of trend in garment industry to subcontract sewing work to low-cost foreign companies
Nat'l Labor Relations Bd. v. International Medication Systems, Ltd.
640 F.2d 1110 (9th Cir. 1981) Cited 23 times 1 Legal Analyses
Reasoning that a court will enforce an agency subpoena if, inter alia, it "is not needlessly broad"
N.L.R.B. v. Warren L. Rose Castings, Inc.
587 F.2d 1005 (9th Cir. 1978) Cited 15 times
No. 77-3597. December 12, 1978. Elliott Moore, Joseph P. Norelli, Washington, D.C., for petitioner. A. Patrick Nagel, Irvine, Cal., for respondent. Application for Enforcement of an Order of the National Labor Relations Board. Before CHAMBERS and HUG, Circuit Judges, and FERGUSON, District Judge. Hon. Warren J. Ferguson, United States District Judge, for the Central District of California, sitting by designation. HUG, Circuit Judge: The National Labor Relations Board applies for enforcement of its
N.L.R.B. v. Doral Bldg. Services, Inc.
666 F.2d 432 (9th Cir. 1982) Cited 9 times
In Doral, the court denied enforcement of the Board's order because the company was not permitted to cross-examine witnesses using "unofficial" English translations of prior written statements taken by the Board in Spanish, the witnesses' native language.
N.L.R.B. v. American Art Industries, Inc.
415 F.2d 1223 (5th Cir. 1969) Cited 15 times
Upholding the Bannon Mills principle and recognizing that "to maintain the integrity of the hearing process" the ALJ properly refused to admit secondary evidence proffered by the employer which it refused to produce in the face of a valid subpoena duces tecum
Bill Johnson's Restaurants, Inc. v. N.L.R.B
660 F.2d 1335 (9th Cir. 1981) Cited 4 times
Nos. 80-7266, 80-7348. Argued and Submitted April 15, 1981. Decided November 12, 1981. As Modified on Denial of Rehearing and Rehearing En Banc March 2, 1982. Lawrence Allen Katz, Streich, Lang, Weeks Cardon, Phoenix, Ariz., for petitioner. Candace Carroll, Atty., NLRB, Washington, D.C., argued, for respondent; W. Christian Schumann, Atty., Washington, D.C., on briefs. Petition to Review a Decision and Order of the National Labor Relations Board. Before GOODWIN and CANBY, Circuit Judges, and BYRNE
N.L.R.B. v. C.H. Sprague Son Co.
428 F.2d 938 (1st Cir. 1970) Cited 14 times
No. 7465. June 30, 1970. Eugene B. Granof, Washington, D.C., Attorney, with whom Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and James P. Hendricks, Washington, D.C., Attorney, were on the brief, for petitioner. Bernard B. Gould, Boston, Mass., for respondent. Robert M. Baptiste, Washington, D.C., with whom Hugh J. Beins, Washington, D.C. was on brief, for intervenor Chauffeurs, Teamsters and Helpers Local Union No.
N.L.R.B. v. Finesilver Manufacturing Company
400 F.2d 644 (5th Cir. 1968) Cited 14 times
Relying on context of antiunion hostility
Section 1001 - Statements or entries generally
18 U.S.C. § 1001 Cited 7,490 times 307 Legal Analyses
Making false statements
Section 161 - Investigatory powers of Board
29 U.S.C. § 161 Cited 344 times 2 Legal Analyses
Authorizing the Board or any designee to compel "attendance of witnesses and the production of ... evidence ... from any place in the United States or any Territory or possession thereof, at any designated place of hearing "

International Medication Systems, Ltd.

12 Cited authorities

Holding that a hearing examiner's prior adverse ruling did not prevent him from adjudicating the same case on retrial even though the examiner's initial decision had been reversed for improper exclusion of evidence

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

Holding Board's failure to order restoration of sewing plant was not abuse of discretion in light of trend in garment industry to subcontract sewing work to low-cost foreign companies

Reasoning that a court will enforce an agency subpoena if, inter alia, it "is not needlessly broad"

In Doral, the court denied enforcement of the Board's order because the company was not permitted to cross-examine witnesses using "unofficial" English translations of prior written statements taken by the Board in Spanish, the witnesses' native language.

Upholding the Bannon Mills principle and recognizing that "to maintain the integrity of the hearing process" the ALJ properly refused to admit secondary evidence proffered by the employer which it refused to produce in the face of a valid subpoena duces tecum

Relying on context of antiunion hostility

Making false statements

Authorizing the Board or any designee to compel "attendance of witnesses and the production of ... evidence ... from any place in the United States or any Territory or possession thereof, at any designated place of hearing "