NORTH MEMORIAL HEALTH CARE

42 Cited authorities

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 ”
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 652 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."
BEK CONSTR. CO. v. NLRB
536 U.S. 516 (2002) Cited 310 times 14 Legal Analyses
Holding that the First Amendment right to petition the government extends to the courts
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"
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
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
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
Nat'l Labor Relations Bd. v. Industrial Union of Marine & Shipbuilding Workers of America
391 U.S. 418 (1968) Cited 215 times
Holding that union could not expel member because he filed unfair labor practice charge against it without first exhausting internal remedies as provided in union constitution
Labor Board v. Babcock Wilcox Co.
351 U.S. 105 (1956) Cited 294 times 19 Legal Analyses
Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot
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."

NORTH MEMORIAL HEALTH CARE

42 Cited authorities

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 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."

Holding that the First Amendment right to petition the government extends to the courts

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 Board cannot exercise its powers absent a lawfully appointed quorum

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

Holding that, in the context of solicitation rules, such circumstances are required to justify restrictions on solicitation during nonworking time

Holding that union could not expel member because he filed unfair labor practice charge against it without first exhausting internal remedies as provided in union constitution

Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot

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."