SPRAIN BROOK MANOR REHAB, LLC, PINNACLE DIETARY INC., AND COMMERCIAL BUILDING MAINTENANCE CORP.

30 Cited authorities

Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,198 times 14 Legal Analyses
Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"
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."
Director, Off. of Work. Comp. v. Greenwich Collieries
512 U.S. 267 (1994) Cited 445 times 1 Legal Analyses
Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose
Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.
482 U.S. 27 (1987) Cited 369 times 12 Legal Analyses
Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors
Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 731 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
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. 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
Howard Johnson Co. v. Detroit Local Joint Exec. Bd., Hotel & Rest. Emps. & Bartenders Int'l Union, AFL-CIO
417 U.S. 249 (1974) Cited 366 times 1 Legal Analyses
Holding under NLRA that purchaser of hotel assets was not required to arbitrate with union about its decision not to hire all of seller’s employees
Loral Defense Systems-Akron v. N.L.R.B
200 F.3d 436 (6th Cir. 1999) Cited 373 times
Holding an ALJ can consider evidence without directly addressing it
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

SPRAIN BROOK MANOR REHAB, LLC, PINNACLE DIETARY INC., AND COMMERCIAL BUILDING MAINTENANCE CORP.

30 Cited authorities

Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"

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."

Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

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"

Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

Holding under NLRA that purchaser of hotel assets was not required to arbitrate with union about its decision not to hire all of seller’s employees

Holding an ALJ can consider evidence without directly addressing it

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