Marquez Brothers Enterprises, Inc.

13 Cited authorities

Nat'l Labor Relations Bd. v. SW Gen., Inc.
137 S. Ct. 929 (2017) Cited 299 times 5 Legal Analyses
Holding Acting General Counsel Lafe Solomon was prohibited from serving in that position following his nomination to serve as the NLRB's General Counsel on a permanent basis
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 ”
Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
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”
Spiegel, Inc. v. Aldon Accessories, Ltd.
469 U.S. 982 (1984) Cited 166 times
Holding that the court must ascertain whether a contract has been validly terminated pre-bankruptcy in passing upon a request to assume the contract under § 365 and further stating that the filing of a Chapter 11 petition cannot resuscitate previously extinguished contract rights
Zimomra v. Alamo Rent-A-Car
522 U.S. 948 (1997) Cited 104 times
Holding that active supervision unnecessary where challenged ordinance left defendants, car rental companies at Denver International Airport, virtually no discretionary authority in setting and collecting usage fees from their customers because usage fee determined by detailed formula
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."
Labor Board v. Gullett Gin Co.
340 U.S. 361 (1951) Cited 211 times 2 Legal Analyses
Holding unemployment compensation payments not deductible from back pay award under the National Labor Relations Act
Nat'l Labor Relations Bd. v. KSM Industries, Inc.
682 F.3d 537 (7th Cir. 2012) Cited 12 times
Finding unproblematic even a one-day turnround for a Board decision because “[t]he pendency of New Process Steel was hardly a secret, and for all we know the Board was already busy taking another look at the cases that were potentially affected by it”
Labor Board v. Electric Cleaner Co.
315 U.S. 685 (1942) Cited 39 times
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. No. 588. Argued March 5, 1942. Decided March 30, 1942. 1. The finding of the National Labor Relations Board that, by a supplementary oral contract between an employer and a labor union, it was agreed only that new employees would be required to join the union, was supported by substantial evidence. P. 690. 2. The conclusion of the Board that the closed-shop agreement between the employer and a labor union in this case was not valid

Marquez Brothers Enterprises, Inc.

13 Cited authorities

Holding Acting General Counsel Lafe Solomon was prohibited from serving in that position following his nomination to serve as the NLRB's General Counsel on a permanent basis

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 "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Holding that the court must ascertain whether a contract has been validly terminated pre-bankruptcy in passing upon a request to assume the contract under § 365 and further stating that the filing of a Chapter 11 petition cannot resuscitate previously extinguished contract rights

Holding that active supervision unnecessary where challenged ordinance left defendants, car rental companies at Denver International Airport, virtually no discretionary authority in setting and collecting usage fees from their customers because usage fee determined by detailed formula

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."

Holding unemployment compensation payments not deductible from back pay award under the National Labor Relations Act

Finding unproblematic even a one-day turnround for a Board decision because “[t]he pendency of New Process Steel was hardly a secret, and for all we know the Board was already busy taking another look at the cases that were potentially affected by it”