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NK Parker Transport

332 N.L.R.B. 547 (N.L.R.B. 2000)
NK Parker Transport

14 Cited authorities

  1. Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.

    482 U.S. 27 (1987)   Cited 369 times   12 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  2. Fibreboard Corp. v. Labor Board

    379 U.S. 203 (1964)   Cited 731 times   7 Legal Analyses
    Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

  3. 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"

  4. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  5. Boire v. Greyhound Corp.

    376 U.S. 473 (1964)   Cited 426 times   3 Legal Analyses
    Finding status of employer as independent contractor is immaterial because focus of joint employment inquiry is on employees, not employers

  6. Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.

    388 U.S. 26 (1967)   Cited 322 times   8 Legal Analyses
    Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

  7. Nat'l Labor Relations Bd. v. Browning-Ferris Industries of Pennsylvania, Inc.

    691 F.2d 1117 (3d Cir. 1982)   Cited 339 times   16 Legal Analyses
    Holding that joint employer situation exists only when "two or more employers exert significant control over the same employees . . . [where] they share or co-determine those matters governing essential terms and conditions of employment"

  8. Ezekwo v. Amer. Bd. of I. M

    173 F.3d 844 (2d Cir. 1999)   Cited 160 times
    Finding that plaintiff "failed to effect proper service" and noting that "'leave and mail' service under Section 308 is ineffective where a plaintiff does not file proof of service with the clerk within twenty days of the date on which the process server mailed the summons and complaint"

  9. Esmark, Inc. v. N.L.R.B

    887 F.2d 739 (7th Cir. 1989)   Cited 123 times
    Finding "direct participation" theory of liability "limited to situations in which the parent corporation's control over the particular transactions is exercised in disregard of the separate corporate identity of the subsidiary"

  10. W.W. Grainger, Inc. v. N.L.R.B

    860 F.2d 244 (7th Cir. 1988)   Cited 30 times
    In W.W. Grainger, Inc. v. NLRB, 860 F.2d 244, 247 (6th Cir. 1988), the court stated that the factual question of whether two employers are joint depends on factors such as "the supervision of the employees' day-to-day activities, authority to hire or fire employees, promulgation of work rules and conditions of employment, work assignments, and issuance of operating instructions."

  11. Section 1381 - Withdrawal liability established; criteria and definitions

    29 U.S.C. § 1381   Cited 1,166 times   6 Legal Analyses
    Obligating employers who exit multiemployer pension plans to pay withdrawal liability equaling the employer's share of the plan's unvested benefits