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KSM Industries, Inc.

30-CA-013762 (N.L.R.B. Sep. 27, 2007)
KSM Industries, Inc.

37 Cited authorities

  1. 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”

  2. Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.

    388 U.S. 26 (1967)   Cited 322 times   8 Legal Analyses
    Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

  3. Mastro Plastics Corp. v. Labor Board

    350 U.S. 270 (1956)   Cited 403 times   1 Legal Analyses
    Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

  4. Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.

    389 U.S. 375 (1967)   Cited 233 times
    In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

  5. Rodgers v. Federal Trade Comm

    419 U.S. 834 (1974)   Cited 82 times
    Determining that the legislative history of Exemption 7 supports the interpretation that the exemption is not limited to criminal investigations

  6. Atlantic Limousine, Inc. v. N.L.R.B

    243 F.3d 711 (3d Cir. 2001)   Cited 69 times
    Concluding that the National Labor Relations Board is not bound by under-reported tip amount in calculating lost tip income

  7. N.L.R.B. v. Augusta Bakery Corp.

    957 F.2d 1467 (7th Cir. 1992)   Cited 45 times
    Holding that the replacements were temporary because, although the replacements were told that "if they worked out and did their job, they had a job," the testimony of the replacements indicated that they did not understand themselves to be permanent employees

  8. 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.

  9. Sever v. N.L.R.B

    231 F.3d 1156 (9th Cir. 2000)   Cited 20 times   1 Legal Analyses
    Holding that argument is waived where employee did not raise it in its exceptions to ALJ's decision

  10. U.S. Can Co. v. N.L.R.B

    254 F.3d 626 (7th Cir. 2001)   Cited 15 times
    Finding no prejudice where the obligation of the respondent would have been the same had the NLRB filed its petition for enforcement sooner

  11. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,987 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  12. Rule 1006 - Summaries to Prove Content

    Fed. R. Evid. 1006   Cited 1,799 times   6 Legal Analyses
    Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."

  13. Section 1161 - Plans must provide continuation coverage to certain individuals

    29 U.S.C. § 1161   Cited 866 times   3 Legal Analyses
    Requiring a plan sponsor to provide that a qualified beneficiary that loses coverage as a result of a qualifying event is entitled to elect, within the election period, continuation coverage

  14. Section 1162 - Continuation coverage

    29 U.S.C. § 1162   Cited 230 times   1 Legal Analyses
    Permitting the new COBRA rate to be up to 102% of the applicable premium

  15. Section 1165 - Election

    29 U.S.C. § 1165   Cited 66 times   1 Legal Analyses

    (a) In general For purposes of this part- (1) Election period The term "election period" means the period which- (A) begins not later than the date on which coverage terminates under the plan by reason of a qualifying event, (B) is of at least 60 days' duration, and (C) ends not earlier than 60 days after the later of- (i) the date described in subparagraph (A), or (ii) in the case of any qualified beneficiary who receives notice under section 1166(4) 1 of this title, the date of such notice. (2)