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Ozburn-Hessey Logistics, LLC

366 NLRB No. 177 (N.L.R.B. 2018)
Ozburn-Hessey Logistics, LLC

32 Cited authorities

  1. Edison Co. v. Labor Board

    305 U.S. 197 (1938)   Cited 19,306 times   6 Legal Analyses
    Holding that a Board order cannot be grounded in hearsay

  2. 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 ”

  3. 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."

  4. Nat'l Labor Relations Bd. v. J. Weingarten, Inc.

    420 U.S. 251 (1975)   Cited 434 times   64 Legal Analyses
    Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness

  5. 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

  6. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  7. 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

  8. Labor Board v. Burnup Sims

    379 U.S. 21 (1964)   Cited 106 times   21 Legal Analyses
    Finding violation of § 8 "whatever the employer's motive"

  9. Hyatt Corp. v. N.L.R.B

    939 F.2d 361 (6th Cir. 1991)   Cited 98 times
    Upholding Section 8 violations, under Birch Run's general layoff theory, where three union supporters and nine other employees were discharged over a seven month period

  10. Ozburn-Hessey Logistics, LLC v. Nat'l Labor Relations Bd.

    833 F.3d 210 (D.C. Cir. 2016)   Cited 22 times   1 Legal Analyses
    Finding pretext where the company's discharge decision was "inconsistent with" other disciplinary decisions and "deviated from the Company's progressive disciplinary policy"

  11. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,317 times   84 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  12. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,490 times   307 Legal Analyses
    Making false statements

  13. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,303 times   97 Legal Analyses
    Granting employees the right to engage in or refrain from engaging in union activity

  14. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,567 times   12 Legal Analyses
    Criminalizing perjury