Pathmark Stores, Inc.

12 Cited authorities

Eastex, Inc. v. Nat'l Labor Relations Bd.
437 U.S. 556 (1978) Cited 196 times 13 Legal Analyses
Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Labor Board v. Electrical Workers
346 U.S. 464 (1953) Cited 125 times 41 Legal Analyses
Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute
N.L.R.B. v. Mead Corp.
73 F.3d 74 (6th Cir. 1996) Cited 12 times
No. 94-6250. Argued November 27, 1995. Decided January 8, 1996. Aileen A. Armstrong, Deputy Assoc. Gen. Counsel, Frederick C. Havard (briefed), Christopher Young (argued and briefed), N.L.R.B., Washington, DC, for Petitioner. Robert Joseph Brown (argued and briefed), Todd D. Penney, Thompson, Hine Flory, Dayton, OH, for Respondent. On Application For Enforcement of an Order of the National Labor Relations Board. Before: MARTIN and JONES, Circuit Judges; COHN, District Judge. The Honorable Avern Cohn
United Parcel Service v. N.L.R.B
41 F.3d 1068 (6th Cir. 1994) Cited 7 times 1 Legal Analyses
In United Parcel Serv. v. NLRB, 41 F.3d 1068 (6th Cir. 1994), we held that the employer's refusal to allow employees to wear union pins, while allowing the wearing of other pins, did not constitute discrimination in violation of Section(s) 8(a)(1).
Burger King Corp. v. N.L.R.B
725 F.2d 1053 (6th Cir. 1984) Cited 17 times
Noting that the challenged policy must be enforced in a “consistent and nondiscriminatory fashion”
Howard Johnson Co. v. N.L.R.B
702 F.2d 1 (1st Cir. 1983) Cited 11 times
Stating that substantial evidence review requires that one “take contradictory evidence in the record into account” (quoting Universal Camera, 340 U.S. at 487–88, 71 S.Ct. 456)
Iowa Beef Packers, Inc. v. N.L.R.B
331 F.2d 176 (8th Cir. 1964) Cited 32 times
Giving false testimony at hearing on unfair labor practice charge; unfair labor practice
Midstate Tel. Corp. v. N.L.R.B
706 F.2d 401 (2d Cir. 1983) Cited 10 times
Applying special circumstances approach to rule banning a particular type of T-shirt
Borman's Inc., v. N.L.R.B
676 F.2d 1138 (6th Cir. 1982) Cited 4 times
Upholding ban where slogan contained profanity

Pathmark Stores, Inc.

12 Cited authorities

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute

In United Parcel Serv. v. NLRB, 41 F.3d 1068 (6th Cir. 1994), we held that the employer's refusal to allow employees to wear union pins, while allowing the wearing of other pins, did not constitute discrimination in violation of Section(s) 8(a)(1).

Noting that the challenged policy must be enforced in a “consistent and nondiscriminatory fashion”

Stating that substantial evidence review requires that one “take contradictory evidence in the record into account” (quoting Universal Camera, 340 U.S. at 487–88, 71 S.Ct. 456)

Giving false testimony at hearing on unfair labor practice charge; unfair labor practice

Applying special circumstances approach to rule banning a particular type of T-shirt

Upholding ban where slogan contained profanity