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Newark Electric Corp. Newark Electric 2.0, Inc. and Colacino Industries, Inc., as a single employer

03-CA-088127 (N.L.R.B. Jan. 6, 2014)
Newark Electric Corp. Newark Electric 2.0, Inc. and Colacino Industries, Inc., as a single employer

17 Cited authorities

  1. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 651 times   11 Legal Analyses
    Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

  2. 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

  3. Radio Union v. Broadcast Serv

    380 U.S. 255 (1965)   Cited 325 times
    Holding that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the National Labor Relations Act

  4. Labor Board v. Walton Mfg. Co.

    369 U.S. 404 (1962)   Cited 298 times
    Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

  5. 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

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

    705 F.3d 490 (D.C. Cir. 2013)   Cited 96 times   37 Legal Analyses
    Holding that such a challenge qualifies as an "extraordinary circumstance"

  7. Penntech Papers, Inc. v. N.L.R.B

    706 F.2d 18 (1st Cir. 1983)   Cited 121 times
    Holding that same day notice was inadequate where company failed to bargain in good faith after the closure

  8. C.E.K Indus Mechanical Contractors v. N.L.R.B

    921 F.2d 350 (1st Cir. 1990)   Cited 57 times
    Adopting Deklewa “as the law in this circuit”

  9. Evans v. Stephens

    387 F.3d 1220 (11th Cir. 2004)   Cited 15 times   12 Legal Analyses
    Holding President did not exceed constitutional authority in making recess judicial appointment

  10. N.L.R.B. v. Emsing's Supermarket, Inc.

    872 F.2d 1279 (7th Cir. 1989)   Cited 32 times
    Granting enforcement of an NLRB order to an employer to cease and desist from unfair labor practices, including failing to make certain contractual payments after a CBA's expiration, and noting that "[a]n employer may not make changes in the terms and conditions of employment reflected in an expired [CBA; i]nstead, the employer must maintain the status quo after the expiration of a [CBA] until a new agreement is reached or until the parties bargain in good faith to impasse"

  11. Section 3345 - Acting officer

    5 U.S.C. § 3345   Cited 178 times   29 Legal Analyses
    Providing that an Acting Director may be an inferior officer within the PTO

  12. Section 105 - Executive agency

    5 U.S.C. § 105   Cited 119 times   6 Legal Analyses
    Noting an "Executive agency" includes "an Executive department, a Government corporation, and an independent establishment"