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JLL Restaurant, Inc. d/b/a The Smokehouse Restaurant; Seth R. Morriss, Chief Executive Officer

365 NLRB No. 166 (N.L.R.B. 2017)
JLL Restaurant, Inc. d/b/a The Smokehouse Restaurant; Seth R. Morriss, Chief Executive Officer

22 Cited authorities

  1. Sure-Tan, Inc. v. Nat'l Labor Relations Bd.

    467 U.S. 883 (1984)   Cited 416 times   3 Legal Analyses
    Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge

  2. Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.

    482 U.S. 27 (1987)   Cited 369 times   12 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  3. Golden State Bottling Co. v. Nat'l Labor Relations Bd.

    414 U.S. 168 (1973)   Cited 497 times   20 Legal Analyses
    Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties

  4. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  5. 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”

  6. Conway v. Consolidated Rail Corporation

    466 U.S. 937 (1984)   Cited 113 times
    Holding that marijuana is a "resource" and that the defendant "obtained" constructive possession of a "substantial" amount of this resource when he arranged for the transportation of 4,800 pounds of marijuana from South Carolina to New York City

  7. Republic Steel Corp. v. Labor Board

    311 U.S. 7 (1940)   Cited 231 times   3 Legal Analyses
    In Republic Steel, supra, the Court refused to enforce an order requiring the employer to pay the full amount of back pay to an employee who had been paid to work for the Work Projects Administration in the meantime.

  8. Kallmann v. N.L.R.B

    640 F.2d 1094 (9th Cir. 1981)   Cited 63 times
    Holding that an employer could not be compelled to pay a greater amount of back-pay than the amount the employer would have paid its employees in the absence of the unfair labor practice

  9. 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.

  10. Arlington Indus., Inc. v. Bridgeport Fittings, Inc.

    759 F.3d 1333 (Fed. Cir. 2014)   Cited 11 times

    No. 2013–1357. 2014-07-17 ARLINGTON INDUSTRIES, INC., Plaintiff–Appellee, v. BRIDGEPORT FITTINGS, INC., Defendant–Appellant. Kathryn L. Clune, Crowell & Moring LLP, of Washington, DC, argued for plaintiff-appellee. With her on the brief were Amir D. Katz; and Jacob Z. Zambrzycki, of San Francisco, CA. Of counsel on the brief were Carter G. Phillips and Rachel H. Townsend, Sidley Austin, LLP, of Washington, DC. Of counsel was Scott Bittman, Crowell & Moring, LLP, of New York, N.Y. and Eric Shumsky