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New York, New York Hotel & Casino and Ark Restaurants Corporation, as joint employers

356 N.L.R.B. 907 (N.L.R.B. 2011)
New York, New York Hotel & Casino and Ark Restaurants Corporation, as joint employers

29 Cited authorities

  1. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,125 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

  2. Barnhart v. Sigmon Coal Co.

    534 U.S. 438 (2002)   Cited 855 times   2 Legal Analyses
    Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"

  3. Pruneyard Shopping Center v. Robins

    447 U.S. 74 (1980)   Cited 735 times   10 Legal Analyses
    Holding that "views expressed by members of the public" in a privately owned shopping mall "will not likely be identified with those of the owner"

  4. Sears, Roebuck Co. v. Carpenters

    436 U.S. 180 (1978)   Cited 554 times   4 Legal Analyses
    Holding that both state and federal courts must defer to the National Labor Relations Board when an activity is arguably protected under § 7 or prohibited by § 8 of the NLRA

  5. Hudgens v. Nat'l Labor Relations Bd.

    424 U.S. 507 (1976)   Cited 543 times   1 Legal Analyses
    Holding picketers "did not have a First Amendment right to enter [a privately owned] shopping center for the purpose of advertising their strike"

  6. 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”

  7. Lechmere, Inc. v. Nat'l Labor Relations Bd.

    502 U.S. 527 (1992)   Cited 156 times   18 Legal Analyses
    Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent

  8. Beth Israel Hospital v. Nat'l Labor Relations Bd.

    437 U.S. 483 (1978)   Cited 220 times   5 Legal Analyses
    Holding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time

  9. Eastex, Inc. v. Nat'l Labor Relations Bd.

    437 U.S. 556 (1978)   Cited 196 times   13 Legal Analyses
    Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity

  10. Republic Aviation Corp. v. Board

    324 U.S. 793 (1945)   Cited 495 times   34 Legal Analyses
    Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

  11. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,211 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”