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Smoke House Restaurant

347 N.L.R.B. 192 (N.L.R.B. 2006)
Smoke House Restaurant

14 Cited authorities

  1. Golden State Bottling Co. v. Nat'l Labor Relations Bd.

    414 U.S. 168 (1973)   Cited 497 times   20 Legal Analyses
    Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties

  2. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  3. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  4. 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

  5. Steinbach v. Hubbard

    51 F.3d 843 (9th Cir. 1995)   Cited 90 times   3 Legal Analyses
    Holding that the doctrine also applies to the Fair Labor and Standards Act

  6. Nat'l Labor Relations Bd. v. FES

    301 F.3d 83 (3d Cir. 2002)   Cited 49 times   21 Legal Analyses
    Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal

  7. Vincent Industrial Plastics, Inc. v. Nat'l Labor Relations Bd.

    209 F.3d 727 (D.C. Cir. 2000)   Cited 44 times   3 Legal Analyses
    In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."

  8. Lee Lumber & Building Material Corp. v. Nat'l Labor Relations Bd.

    117 F.3d 1454 (D.C. Cir. 1997)   Cited 27 times   3 Legal Analyses
    Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them

  9. Exxel/Atmos, Inc. v. Nat'l Labor Relations Bd.

    28 F.3d 1243 (D.C. Cir. 1994)   Cited 28 times   2 Legal Analyses
    Stressing appropriateness of bargaining order to remedy bad faith bargaining during certification year

  10. N.L.R.B. v. Advanced Stretchforming Intern

    233 F.3d 1176 (9th Cir. 2000)   Cited 19 times   4 Legal Analyses
    Holding that the Board is entitled to summary enforcement of unchallenged rulings