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Oaks of West Kettering, Inc.

09-CA-042153 (N.L.R.B. Sep. 12, 2006)
Oaks of West Kettering, Inc.

13 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,674 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  2. 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

  3. 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

  4. Radio Union v. Broadcast Serv

    380 U.S. 255 (1965)   Cited 326 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

  5. Machinists Local v. Labor Board

    362 U.S. 411 (1960)   Cited 276 times   2 Legal Analyses
    Holding that “a finding of violation which is inescapably grounded on events predating the limitations period” is untimely

  6. Nat'l Labor Relations Bd. v. Al Bryant, Inc.

    711 F.2d 543 (3d Cir. 1983)   Cited 62 times
    Finding that "the frequent interchange of craftsman" between the two companies is "substantial evidence to support" centralized labor relations control

  7. 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"

  8. Shares, Inc. v. N.L.R.B

    433 F.3d 939 (7th Cir. 2006)   Cited 5 times
    Explaining that in the context of the National Labor Relations Act, "substantial continuity" is assessed by focusing on a variety of factors, such as "whether the business of both enterprises is the same; whether the employees of the new company are doing the same job under the same working conditions with the same supervisors; and whether the new entity has the same production process, produces the same products and basically has the same body of customers as the former company"

  9. N.L.R.B. v. Hudson River Aggregates

    639 F.2d 865 (2d Cir. 1981)   Cited 26 times
    Holding that the NLRB's bargaining unit determinations are rarely to be disturbed unless arbitrary, unreasonable, or not supported by substantial evidence.

  10. Briggs Plumbingware, Inc. v. N.L.R.B

    877 F.2d 1282 (6th Cir. 1989)   Cited 15 times
    Finding that a new employer had hired a substantial and representative complement of employees when it had retained sixty-eight percent of its projected workforce