L.I.F. Industries a/k/a Long Island Fire Proof Door

11 Cited authorities

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 ”
New Process Steel v. N.L.R.B.
560 U.S. 674 (2010) Cited 141 times 49 Legal Analyses
Holding that the Board cannot exercise its powers absent a lawfully appointed quorum
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Labor Board v. Truitt Mfg. Co.
351 U.S. 149 (1956) Cited 223 times 8 Legal Analyses
Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith
Sara Lee Bak. Gro. v. Nat. Lab. Rel. Bd.
514 F.3d 422 (5th Cir. 2008) Cited 20 times
Holding that a "`bare assertion' of relevancy falls short" of satisfying the union's burden
N.L.R.B. v. Whitesell Corp.
638 F.3d 883 (8th Cir. 2011) Cited 12 times 4 Legal Analyses
Holding that the denial of enforcement on the basis that the Board lacked a proper quorum did not deprive the Board of jurisdiction to consider the case anew
Monmouth Care Ctr. v. Nat'l Labor Relations Bd.
672 F.3d 1085 (D.C. Cir. 2012) Cited 7 times
Declining to overturn administrative law judge's credibility determination “based on a combination of testimonial demeanor and a lack of specificity and internal corroboration”
DaimlerChrysler Corp. v. N.L.R.B
288 F.3d 434 (D.C. Cir. 2002) Cited 12 times
Noting that relevant information requests are presumed to have been made in good faith "until the company demonstrates otherwise"
Timken Roller Bearing Company v. N.L.R.B
325 F.2d 746 (6th Cir. 1963) Cited 56 times
In Timken Roller Bearing Co. v. NLRB, 325 F.2d 746 (6th Cir. 1963), cert. denied, 376 U.S. 971, 84 S.Ct. 1135, 12 L.Ed.2d 85 (1964), the court considered a union request for information concerning five grievances that awaited hearings before a chosen arbitrator.
West Penn Power Co. v. N.L.R.B
394 F.3d 233 (4th Cir. 2005) Cited 4 times
Nos. 03-1984, 03-2139. Argued: June 3, 2004. Decided: January 12, 2005. Petition for review of National Labor Relations Board. ARGUED: John Clark Unkovic, Reed Smith, L.L.P., Pittsburgh, Pennsylvania, for West Penn Power Company, Potomac Edison Power Company, and Allegheny Energy Service Corporation. Joan Elizabeth Hoyte, Office of the General, National Labor Relations Board, Washington, D.C., for the Board. Burton E. Rosenthal, Segal, Roitman Coleman, Boston, Massachusetts, for Intervenor. ON BRIEF:

L.I.F. Industries a/k/a Long Island Fire Proof Door

11 Cited authorities

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 ”

Holding that the Board cannot exercise its powers absent a lawfully appointed quorum

Approving "discovery-type standard"

Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

Holding that a "`bare assertion' of relevancy falls short" of satisfying the union's burden

Holding that the denial of enforcement on the basis that the Board lacked a proper quorum did not deprive the Board of jurisdiction to consider the case anew

Declining to overturn administrative law judge's credibility determination “based on a combination of testimonial demeanor and a lack of specificity and internal corroboration”

Noting that relevant information requests are presumed to have been made in good faith "until the company demonstrates otherwise"

In Timken Roller Bearing Co. v. NLRB, 325 F.2d 746 (6th Cir. 1963), cert. denied, 376 U.S. 971, 84 S.Ct. 1135, 12 L.Ed.2d 85 (1964), the court considered a union request for information concerning five grievances that awaited hearings before a chosen arbitrator.