11 Cited authorities
Steelworkers v. Warrior Gulf Co.
363 U.S. 574 (1960) Cited 5,623 times 6 Legal AnalysesHolding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”
Nat'l Labor Relations Bd. v. Canning
573 U.S. 513 (2014) Cited 279 times 150 Legal AnalysesHolding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”
Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America
511 U.S. 571 (1994) Cited 97 times 2 Legal AnalysesHolding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"
Labor Bd. v. Washington Aluminum Co.
370 U.S. 9 (1962) Cited 206 times 3 Legal AnalysesHolding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections
Dreis Krump Mfg. Co., Inc. v. N.L.R.B
544 F.2d 320 (7th Cir. 1976) Cited 48 times 1 Legal AnalysesUpholding Board's refusal to defer on ground that award would violate employee's § 7 rights.
Consolidated Diesel Co. v. N.L.R.B
263 F.3d 345 (4th Cir. 2001) Cited 15 times 1 Legal AnalysesRecognizing that "[t]here would be nothing left of [the Act's] rights if every time employees exercised them in a way that was somehow offensive to someone," they were subject to the threat of discipline
Nat'l Labor Relations Bd. v. Thor Power Tool Co.
351 F.2d 584 (7th Cir. 1965) Cited 68 timesConcluding that "when the entire record is considered there was substantial evidence to support the Board's finding that [employee's] discharge was the result of his having presented a grievance to the management" even though employee was overheard referring to company's superintendent as "the horse's ass" and was thereafter summarily discharged
Chinese v. Natl. Labor
224 F. App'x 6 (D.C. Cir. 2007) 1 Legal AnalysesNos. 06-1159, 06-1206. April 24, 2007. On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Steven D. Atkinson, Atkinson, Andelson, Loya, Ruud Romo, Cerritos, CA, for Petitioner. Robert J. Englehart, Attorney, Aileen A. Armstrong, Deputy Associate General Counsel, John H. Ferguson, Assistant General Counsel, Ronald E. Meisburg, David A. Fleischer, Senior Attorney, National Labor Relations Board, (NLRB) General Counsel, Washington, DC, for
Health Care Retirement Corp. v. N.L.R.B
987 F.2d 1256 (6th Cir. 1993) Cited 10 timesHolding that LPNs and RNs were "supervisors" where it was clear that duties of staff nurse clearly required both assigning aides to specific tasks and directing the operation of the aides, as well as the entire nursing home, when DON or assistant was not present
In re Durel
10 F.2d 448 (9th Cir. 1926) Cited 4 timesNo. 4646. February 1, 1926. Rehearing Denied March 8, 1926. Appeal from and Petition for Revision of Order of the District Court of the United States for the Southern Division of the Northern District of California; Frank H. Kerrigan, Judge. In the matter of Charles H. Durel and Henry Washington Dodge, doing business under the firm name and style of Durel Dodge, a copartnership, bankrupt. Claim by Harry Barusch against G.W. Brainard, as trustee in bankruptcy of Charles H. Durel and another, doing
Rule 103 - Rulings on Evidence
Fed. R. Evid. 103 Cited 3,525 times 19 Legal AnalysesHolding that once a court makes a definitive ruling on the record to either admit or exclude evidence, at or before trial, a party need not renew an objection at trial to preserve any alleged error for appeal