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Mesker Door, Inc.

357 N.L.R.B. 591 (N.L.R.B. 2011)
Mesker Door, Inc.

16 Cited authorities

  1. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  2. 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

  3. 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

  4. Nash v. Florida Industrial Comm'n

    389 U.S. 235 (1967)   Cited 141 times   1 Legal Analyses
    Holding preempted an administrative policy interpreting presumably valid state unemployment insurance law exception for "labor disputes" to include proceedings under NLRB complaints

  5. Labor Board v. Burnup Sims

    379 U.S. 21 (1964)   Cited 106 times   21 Legal Analyses
    Finding violation of § 8 "whatever the employer's motive"

  6. Nat'l Labor Relations Bd. v. Scrivener

    405 U.S. 117 (1972)   Cited 83 times
    Holding that protection from retaliation for "fil[ing] charges or giv[ing] testimony" under the National Labor Relations Act extends to an employee who gave a written sworn statement to an NLRB examiner

  7. Hyatt Corp. v. N.L.R.B

    939 F.2d 361 (6th Cir. 1991)   Cited 98 times
    Upholding Section 8 violations, under Birch Run's general layoff theory, where three union supporters and nine other employees were discharged over a seven month period

  8. Vincent Industrial Plastics, Inc. v. Nat'l Labor Relations Bd.

    209 F.3d 727 (D.C. Cir. 2000)   Cited 44 times   3 Legal Analyses
    In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."

  9. N.L.R.B. v. Interboro Contractors, Inc.

    388 F.2d 495 (2d Cir. 1967)   Cited 80 times   1 Legal Analyses
    In NLRB v. Interboro Contractors, Inc., 388 F.2d 495, 500 (2d Cir. 1967), the Court of Appeals for the Second Circuit stated that the efforts of an individual employee acting alone to enforce the provisions of a collective bargaining agreement may be deemed "concerted," and thus protected, at least when the individual's interpretation of the agreement has a reasonable basis.

  10. Lee Lumber & Building Material Corp. v. Nat'l Labor Relations Bd.

    117 F.3d 1454 (D.C. Cir. 1997)   Cited 27 times   3 Legal Analyses
    Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them

  11. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,316 times   84 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355