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Preferred Building Services, Inc. and Rafael Ortiz d/b/a Ortiz Janitorial Services, Joint Employers

20-CA-149353 (N.L.R.B. Sep. 9, 2016)
Preferred Building Services, Inc. and Rafael Ortiz d/b/a Ortiz Janitorial Services, Joint Employers

38 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,675 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  2. 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."

  3. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  4. Labor Board v. Denver Bldg. Council

    341 U.S. 675 (1951)   Cited 494 times   1 Legal Analyses
    Affirming Board's assertion of jurisdiction over activities taking place at local construction site based on finding that "any widespread application of the practices charged might well result in substantially decreasing" the flow of interstate commerce

  5. Romano v. Merrill Lynch, Pierce, Fenner Smith

    487 U.S. 1205 (1988)   Cited 105 times   6 Legal Analyses
    Upholding conclusion that employees classified as department managers did not meet executive exemption

  6. 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

  7. Nat'l Labor Relations Bd. v. Browning-Ferris Industries of Pennsylvania, Inc.

    691 F.2d 1117 (3d Cir. 1982)   Cited 339 times   16 Legal Analyses
    Holding that joint employer situation exists only when "two or more employers exert significant control over the same employees . . . [where] they share or co-determine those matters governing essential terms and conditions of employment"

  8. Textile Workers v. Darlington Co.

    380 U.S. 263 (1965)   Cited 168 times   6 Legal Analyses
    Holding that an employer has the absolute right, at least as far as the NLRA is concerned, to terminate his entire business for any reason

  9. Carpenters' Union v. Labor Board

    357 U.S. 93 (1958)   Cited 201 times
    Rejecting Government position that we should defer to the Board's interpretation of the Interstate Commerce Act

  10. Nat'l Labor Relations Bd. v. Retail Store Employees Union, Local 1001

    447 U.S. 607 (1980)   Cited 82 times
    Finding Congress struck a “delicate balance between union freedom of expression and the ability of neutral employers, employees, and consumers to remain free from coerced participation in industrial strife”

  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 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 7,062 times   23 Legal Analyses
    Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

  13. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,213 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  14. 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