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Philmar Care, LLC d/b/a San Fernando Post Acute Hospital

31-CA-133242 (N.L.R.B. May. 6, 2015)
Philmar Care, LLC d/b/a San Fernando Post Acute Hospital

11 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 4,044 times   605 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. Bill Johnson's Restaurants, Inc. v. Nat'l Labor Relations Bd.

    461 U.S. 731 (1983)   Cited 988 times   17 Legal Analyses
    Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law

  3. D.R. Horton, Inc. v. Nat'l Labor Relations Bd.

    737 F.3d 344 (5th Cir. 2013)   Cited 143 times   145 Legal Analyses
    Holding that an arbitration agreement that prohibited an employee from pursuing claims collectively did not violate the NLRA and must be enforced

  4. Sutherland v. Ernst & Young LLP

    726 F.3d 290 (2d Cir. 2013)   Cited 141 times   40 Legal Analyses
    Holding that class action waivers must be enforced absent a "contrary congressional command"

  5. Owen v. Bristol Care, Inc.

    702 F.3d 1050 (8th Cir. 2013)   Cited 121 times   46 Legal Analyses
    Finding plaintiff failed to identify anything "in either the text or legislative history of the FLSA that indicates a congressional intent to bar employees from agreeing to arbitrate FLSA claims individually, nor is there an 'inherent conflict' between the FLSA and the FAA"

  6. Richards v. Ernst & Young, LLP

    744 F.3d 1072 (9th Cir. 2013)   Cited 52 times   8 Legal Analyses
    Holding that the defendant did not waive its right to arbitrate by filing a state-court action that was dismissed without prejudice

  7. Nat'l Labor Relations Bd. v. Granite State Joint Board, Textile Workers Union of America, Local 1029

    409 U.S. 213 (1972)   Cited 53 times
    In NLRB v. Textile Workers, supra, and Machinists v. NLRB, 412 U.S. 84 (1973) (per curiam), the Court found as a corollary that unions may not fine former members who have resigned lawfully.

  8. Chauffeurs, Teamsters & Helpers Local 776 Affiliated with International Brotherhood of Teamsters v. Nat'l Labor Relations Bd.

    973 F.2d 230 (3d Cir. 1992)   Cited 10 times
    Affirming the Board's imposition of attorney's fees from the time at which the arbitration became unlawful

  9. N.L.R.B. v. United Parcel Service, Inc.

    677 F.2d 421 (6th Cir. 1982)   Cited 5 times

    No. 81-1070. May 10, 1982. Elliott Moore, Deputy Associate Gen. Counsel, Peter Winkler, N.L.R.B., Washington, D.C., for petitioner. W. Bruce Baird, Matthew R. Westfall, Baird, Kirven, Westfall Talbott, Louisville, Ky., James D. Crawford, Schnader, Harrison, Segal Lewis, Philadelphia, Pa., for respondent. Petition for review from the National Labor Relations Board. Before ENGEL, Circuit Judge, PHILLIPS, Senior Circuit Judge, and DUMBAULD, District Judge. Honorable Edward Dumbauld, Senior Judge, United

  10. N.L.R.B. v. Granite S. J. B., T. W.U.

    446 F.2d 369 (1st Cir. 1971)   Cited 12 times

    No. 71-1063. June 29, 1971. Warren M. Davison, Deputy Asst. General Counsel, with whom Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Marvin Roth, Attorney, Washington, D.C., were on brief, for petitioner. Harold B. Roitman, Boston, Mass., for respondent. Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges. McENTEE, Circuit Judge. This case comes to us on application for enforcement of a Labor Board

  11. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 12,427 times   212 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself