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King Soopers, Inc.

364 NLRB No. 93 (N.L.R.B. 2016)
King Soopers, Inc.

42 Cited authorities

  1. Edison Co. v. Labor Board

    305 U.S. 197 (1938)   Cited 19,298 times   6 Legal Analyses
    Holding that a Board order cannot be grounded in hearsay

  2. Nat'l Labor Relations Bd. v. Canning

    573 U.S. 513 (2014)   Cited 274 times   150 Legal Analyses
    Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”

  3. Fibreboard Corp. v. Labor Board

    379 U.S. 203 (1964)   Cited 731 times   7 Legal Analyses
    Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

  4. 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”

  5. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  6. Labor Board v. Seven-Up Co.

    344 U.S. 344 (1953)   Cited 368 times
    Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding

  7. Automobile Workers v. Russell

    356 U.S. 634 (1958)   Cited 314 times
    Holding that state tort claim for wrongful interference with a lawful business relationship was not preempted where there were threats of violence

  8. Nat'l Labor Relations Bd. v. J. H. Rutter-Rex Manufacturing Co.

    396 U.S. 258 (1969)   Cited 184 times   1 Legal Analyses
    Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."

  9. Romano v. Merrill Lynch, Pierce, Fenner Smith

    487 U.S. 1205 (1988)   Cited 105 times   6 Legal Analyses
    Upholding conclusion that employees classified as department managers did not meet executive exemption

  10. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  11. Section 5851 - Employee protection

    42 U.S.C. § 5851   Cited 276 times   8 Legal Analyses
    Providing that "[r]elief may not be ordered" against an employer in retaliation cases involving whistleblowers under the Atomic Energy Act where the employer is able to " demonstrat[e] by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of such behavior"

  12. Section 550.805 - Back pay computations

    5 C.F.R. § 550.805   Cited 35 times
    Stating that, although "outside earnings ... undertaken to replace" the employment from which an employee has been wrongfully separated should be deducted in calculating backpay, "earnings from additional or ‘moonlight’ employment the employee may have engaged in while Federally employed (before separation) and while erroneously separated" should not be deducted