§

Performance Friction Corp.

335 N.L.R.B. 1117 (N.L.R.B. 2001)
Performance Friction Corp.

45 Cited authorities

  1. Cleveland v. Policy Management Systems Corp.

    526 U.S. 795 (1999)   Cited 886 times   1 Legal Analyses
    Holding that in order to discredit an affidavit at summary judgment, it must, for example, "flatly contradict that party's earlier sworn deposition"

  2. Phelps Dodge Corp. v. Labor Board

    313 U.S. 177 (1941)   Cited 871 times
    Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

  3. Perryton Wholesale v. Pioneer Distributing

    383 U.S. 945 (1966)   Cited 49 times

    No. 982. March 21, 1966. Dale M. Stucky for petitioner. Malcolm Miller for respondent. C.A. 10th Cir. Certiorari denied. Reported below: 353 F. 2d 618.

  4. N.L.R.B. v. Mastro Plastics Corporation

    354 F.2d 170 (2d Cir. 1965)   Cited 96 times
    In Mastro, the relatives of two deceased discriminatees had testified as to the discriminatees' diligent searches for work.

  5. Bourne v. N.L.R.B

    332 F.2d 47 (2d Cir. 1964)   Cited 93 times   1 Legal Analyses
    In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

  6. N.L.R.B. v. Brown Root, Inc.

    311 F.2d 447 (8th Cir. 1963)   Cited 71 times
    In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.

  7. Coronet Foods v. National Labor Relations Bd.

    158 F.3d 782 (4th Cir. 1998)   Cited 15 times
    Holding that NLRB had not erred by counting former employee's self-employment wages and search for work outside normal line of work as mitigating his income loss

  8. Canova v. N.L.R.B

    708 F.2d 1498 (9th Cir. 1983)   Cited 29 times
    Holding that an "employer is not liable for back pay during the periods that an improperly discharged employee is unavailable to work due to a disability"

  9. Hotel Emp. Restaurant Emp. Un. v. N.L.R.B

    760 F.2d 1006 (9th Cir. 1985)   Cited 26 times   6 Legal Analyses
    Affirming Rossmore House, 269 NLRB 1176

  10. N.L.R.B. v. Miami Coca-Cola Bottling Company

    360 F.2d 569 (5th Cir. 1966)   Cited 51 times
    Permitting "non-deduction of supplemental earnings . . . where an employee who had spare-time earnings prior to discharge from his regular job continued in the same spare-time job during his period of discharge," and further holding that as long as employee was "moonlighting before his unlawful discharge," amounts earned in any "spare time employment" should not be used to reduce back-pay award

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,314 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,581 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  13. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,937 times   7 Legal Analyses
    Granting trial judge broad discretion to control witness examination

  14. Rule 43 - Taking Testimony

    Fed. R. Civ. P. 43   Cited 1,535 times   14 Legal Analyses
    Granting a trial judge discretion to appoint an interpreter for trial

  15. Section 153 - National Labor Relations Board

    29 U.S.C. § 153   Cited 383 times   14 Legal Analyses
    Establishing National Labor Relations Board with an explicit removal limitation

  16. Section 102.30 - Depositions; examination of witnesses

    29 C.F.R. § 102.30   Cited 17 times   1 Legal Analyses

    Witnesses must be examined orally under oath at a hearing, except that for good cause shown after the issuance of a complaint, testimony may be taken by deposition. (a) Applications to take depositions, including deposition testimony contemporaneously transmitted by videoconference, must be in writing and set forth the reasons why the depositions may be taken, the name, mailing address and email address (if available) of the witness, the matters concerning which it is expected the witness will testify

  17. Section 102.54 - Issuance of compliance specification; consolidation of complaint and compliance specification

    29 C.F.R. § 102.54   Cited 12 times

    (a) If it appears that controversy exists with respect to compliance with a Board order which cannot be resolved without a formal proceeding, the Regional Director may issue and serve on all parties a compliance specification in the name of the Board. The specification will contain or be accompanied by a Notice of Hearing before an Administrative Law Judge at a specific place and at a time not less than 21 days after the service of the specification. (b) Whenever the Regional Director deems it necessary