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OS Transport LLC (CA); OS Transport LLC (NV); HCA Management, Inc.; OS Management Enterprises, Inc.

32-CA-025100 (N.L.R.B. Aug. 15, 2011)
OS Transport LLC (CA); OS Transport LLC (NV); HCA Management, Inc.; OS Management Enterprises, Inc.

14 Cited authorities

  1. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,036 times   71 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  2. Radio Union v. Broadcast Serv

    380 U.S. 255 (1965)   Cited 327 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

  3. South Prairie Constr. v. Operating Engineers

    425 U.S. 800 (1976)   Cited 222 times   2 Legal Analyses
    Holding that appeals court usurped role of NLRB by reversing Board's legal conclusion and proceeding to decide issue of fact that should be decided by Board in the first instance

  4. Nat'l Labor Relations Bd. v. Yeshiva University

    444 U.S. 672 (1980)   Cited 183 times   16 Legal Analyses
    Holding that all faculty members are managers for purposes of federal labor law even though they lack any legal instruments of control

  5. Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America

    511 U.S. 571 (1994)   Cited 97 times   2 Legal Analyses
    Holding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"

  6. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  7. N.L.R.B. v. Bolivar-Tees

    551 F.3d 722 (8th Cir. 2008)   Cited 23 times
    Finding that the party arguing to pierce the veil "bears the burden of proving that there are substantial reasons for doing so"

  8. Naperville Ready Mix, Inc. v. N.L.R.B

    242 F.3d 744 (7th Cir. 2001)   Cited 20 times   1 Legal Analyses
    Noting Board did not invoke "sham transaction" doctrine where legal transfer of title was undisputed

  9. N.L.R.B. v. Dorothy Shamrock Coal Co.

    833 F.2d 1263 (7th Cir. 1987)   Cited 34 times
    Stating that "comments demonstrate a `manifest hostility' toward union activity . . . are relevant in determining the Company's motive for its conduct"

  10. Nat'l Labor Relations Bd. v. Adco Electric Inc.

    6 F.3d 1110 (5th Cir. 1993)   Cited 20 times
    Holding that employee "recommend[ing] someone for hire and [bringing] problems with apprentice employees to the attention of [his superior] is nothing more than what [the employer] would expect from experienced employees"

  11. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,333 times   86 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355