Laidlaw Waste Systems

12 Cited authorities

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
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.
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
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."
N.L.R.B. v. Southern Florida Hotel
751 F.2d 1571 (11th Cir. 1985) Cited 17 times
No. 83-5452. February 8, 1985. Elliott Moore, Deputy Associate General Counsel, Barbara A. Atkin, N.L.R.B., Washington, D.C., for petitioner. Joseph H. Kaplan, Kaplan, Sicking, Hessen, Sugarman, Rosenthal De Castro, Miami, Fla., for Hotel, Motel, Restaurant Hi-Rise Employees Bartenders Union, Local 355, AFL-CIO. Joel I. Keiler, McLean, Va., for Southern Beau. Finley, Kumble, Wagner, Heine, Underberg Casey, Carl A. Schwarz, Jr., New York City, for Estate of Kaskel, et al. Application for Enforcement
Property Resources Corp. v. N.L.R.B
863 F.2d 964 (D.C. Cir. 1988) Cited 8 times
Stating that the Board "can infer from falsity of employer's stated reason for discharge that motive is unlawful" (citing Shattuck Denn Mining Corp. v. NLRB , 362 F.2d 466, 470 (9th Cir. 1966) )
N.L.R.B. v. Rockwood Co.
834 F.2d 837 (9th Cir. 1987) Cited 8 times
Holding that economic striker was "entitled to reinstatement to his former position, to one substantially equivalent, or to one for which he was qualified"
Randall, Div. of Textron, Inc. v. N.L.R.B
687 F.2d 1240 (8th Cir. 1982) Cited 11 times
In Randall v. NLRB, 687 F.2d 1240 (8th Cir. 1982), this court observed that "[t]he existence of a temporary job is not the equivalent of a vacancy to which a striker should have been reinstated."
Kurz-Kasch, Inc. v. N.L.R.B
865 F.2d 757 (6th Cir. 1989) Cited 2 times
Nos. 87-6354, 88-5066. Argued October 21, 1988. Decided January 13, 1989. Frank H. Stewart (argued), Taft, Stettinius and Hollister, Timothy P. Reilly, Michael C. Lueder, Cincinnati, Ohio, for petitioner, cross-respondent. Robin Alexander, Pittsburgh, Pa., for intervenor. Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Peter Winkler, Scott MacDonald (argued), Washington, D.C., for respondent, cross-petitioner. Petition for review from the National Labor Relations Board. Before MERRITT
N.L.R.B. v. Plastilite Corporation
375 F.2d 343 (8th Cir. 1967) Cited 18 times
No. 18443. March 30, 1967. Nancy M. Sherman, Atty., N.L.R.B., Washington, D.C., for petitioner. Arnold Ordman, Gen. Counsel, N.L.R.B., Washington, D.C., Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel and Burton L. Raimi, Atty. N.L.R.B., Washington, D.C., were on the brief with her. John E. Tate, of Nelson, Harding, Acklie, Leonard Tate, Lincoln, Neb., for respondent. Before VAN OOSTERHOUT, GIBSON and HEANEY, Circuit Judges. HEANEY, Circuit Judge. This case is
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,873 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Laidlaw Waste Systems

12 Cited authorities

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

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.

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

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."

Stating that the Board "can infer from falsity of employer's stated reason for discharge that motive is unlawful" (citing Shattuck Denn Mining Corp. v. NLRB , 362 F.2d 466, 470 (9th Cir. 1966) )

Holding that economic striker was "entitled to reinstatement to his former position, to one substantially equivalent, or to one for which he was qualified"

In Randall v. NLRB, 687 F.2d 1240 (8th Cir. 1982), this court observed that "[t]he existence of a temporary job is not the equivalent of a vacancy to which a striker should have been reinstated."

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions