San Pablo Lytton Casino

14 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,218 times 616 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
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. J. H. Rutter-Rex Manufacturing Co.
396 U.S. 258 (1969) Cited 184 times 1 Legal Analyses
Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."
Frankl v. HTH Corp.
693 F.3d 1051 (9th Cir. 2012) Cited 31 times
Holding that employer withheld requested documents in bad faith where union repeatedly explained why limited production was inadequate and where union signed confidentiality agreement to address employer’s concerns
Community Hospitals of Cent Cal. v. N.L.R.B
335 F.3d 1079 (D.C. Cir. 2003) Cited 24 times 4 Legal Analyses
Holding that the single-facility presumption can be rebutted by a showing of “functional integration,” among other factors
Jochims v. National Labor
480 F.3d 1161 (D.C. Cir. 2007) Cited 13 times 1 Legal Analyses
No. 05-1455. Argued January 22, 2007. Decided March 23, 2007. On Petition for Review of an Order of the National Labor Relations Board. Harold Craig Becker argued the cause and filed the briefs for petitioner. Daniel A. Blitz, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory
Fieldcrest Cannon v. National Labor Rela. Bd.
97 F.3d 65 (4th Cir. 1996) Cited 24 times 1 Legal Analyses
Noting that demeanor is a factor in determining credibility
N.L.R.B. v. Unbelievable, Inc.
71 F.3d 1434 (9th Cir. 1995) Cited 23 times 1 Legal Analyses
In NLRB v. Unbelievable, Inc., 71 F.3d 1434 (9th Cir. 1995), we upheld the Board's finding that the employer "engaged in unfair labor practices by eavesdropping on private conversations between employees and [a] Union representative," which occurred in the employee break room.

San Pablo Lytton Casino

14 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Approving "discovery-type standard"

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"

Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."

Holding that employer withheld requested documents in bad faith where union repeatedly explained why limited production was inadequate and where union signed confidentiality agreement to address employer’s concerns

Holding that the single-facility presumption can be rebutted by a showing of “functional integration,” among other factors

Noting that demeanor is a factor in determining credibility

In NLRB v. Unbelievable, Inc., 71 F.3d 1434 (9th Cir. 1995), we upheld the Board's finding that the employer "engaged in unfair labor practices by eavesdropping on private conversations between employees and [a] Union representative," which occurred in the employee break room.