Polynesian Hospitality Tours

9 Cited authorities

Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Nat'l Labor Relations Bd. v. Hendricks County Rural Electric Membership Corp.
454 U.S. 170 (1981) Cited 79 times 2 Legal Analyses
In Hendricks, the Supreme Court approved the Board's "labor-nexus" rule as determinative of whether or not a worker is to be deemed a confidential employee.
Dyer v. MacDougall
201 F.2d 265 (2d Cir. 1952) Cited 321 times
Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence
Nat'l Labor Relations Bd. v. Doctors' Hospital of Modesto, Inc.
489 F.2d 772 (9th Cir. 1973) Cited 27 times
Accepting the Board's finding that registered nurses, who sometimes assigned and directed auxiliary personnel, were not supervisors
Walla Walla Union-Bulletin v. N.L.R.B
631 F.2d 609 (9th Cir. 1980) Cited 17 times
No. 78-3656. Argued and Submitted May 8, 1980. Decided October 29, 1980. Thomas A. Lemly, Davis, Wright, Todd, Riese Jones, Seattle, Wash., for petitioner. Richard Cohen, Washington, D.C., argued, for respondent; Elliott Moore, NLRB, Washington, D.C., on brief. On Review of an Order of the National Labor Relations Board. Before ANDERSON and SKOPIL, Circuit Judges, and BYRNE, District Judge. Honorable Wm. Matthew Byrne, Jr., United States District Judge for the Central District of California, sitting
Westinghouse Electric Corporation v. N.L.R.B
424 F.2d 1151 (7th Cir. 1970) Cited 20 times
In Westinghouse Electric Corp. v. NLRB, 424 F.2d 1151 (7th Cir.), cert. denied, 400 U.S. 831, 91 S.Ct. 63, 27 L.Ed.2d 62 (1970), the Seventh Circuit permitted the Board to use a 50% formula to determine whether certain workers could vote in a union election.
McDonnell Douglas Corp. v. N.L.R.B
655 F.2d 932 (9th Cir. 1981) Cited 7 times
No. 79-7541. Argued and Submitted October 9, 1980. Decided March 12, 1981. Rehearing and Rehearing En Banc November 12, 1981. James Adler, Munger, Tolles Rickershauser, Los Angeles, Cal., argued, for appellant. Elliott Moore, N.L.R.B., Washington, D.C., on brief; Gary Green, Director, Legal Dept., Washington, D.C., for appellee. Petition for Enforcement of an Order of the National Labor Relations Board. Before SCHROEDER and CANBY, Circuit Judges and PFAELZER, District Judge. The Honorable Mariana
Warner Company v. N.L.R.B
365 F.2d 435 (3d Cir. 1966) Cited 19 times
No. 15644. Argued May 6, 1966. Decided September 6, 1966. Robert Kleeb, Philadelphia, Pa. (Arthur R. Littleton, John C. Peet, Jr., Morgan, Lewis Bockius, Philadelphia, Pa., Richard C. Hotvedt, Morgan, Lewis Bockius, Washington, D.C., on the brief), for petitioner. Robert Giannasi, N.L.R.B., Washington, D.C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Nancy M. Sherman, Atty., National Labor Relations Board, on the brief), for respondent
N.L.R.B. v. Gray Line Tours, Inc.
461 F.2d 763 (9th Cir. 1972) Cited 9 times
In N.L.R.B. v. Gray Line Tours, Inc., 461 F.2d 763 (9th Cir. 1972) (per curiam), this court rejected the Board's finding that bus dispatchers were employees because the dispatchers were authorized to send home drivers who refused to drive a particular bus or who were improperly dressed.

Polynesian Hospitality Tours

9 Cited authorities

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

In Hendricks, the Supreme Court approved the Board's "labor-nexus" rule as determinative of whether or not a worker is to be deemed a confidential employee.

Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence

Accepting the Board's finding that registered nurses, who sometimes assigned and directed auxiliary personnel, were not supervisors

In Westinghouse Electric Corp. v. NLRB, 424 F.2d 1151 (7th Cir.), cert. denied, 400 U.S. 831, 91 S.Ct. 63, 27 L.Ed.2d 62 (1970), the Seventh Circuit permitted the Board to use a 50% formula to determine whether certain workers could vote in a union election.

In N.L.R.B. v. Gray Line Tours, Inc., 461 F.2d 763 (9th Cir. 1972) (per curiam), this court rejected the Board's finding that bus dispatchers were employees because the dispatchers were authorized to send home drivers who refused to drive a particular bus or who were improperly dressed.