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SW Design School LLC, d/b/a Interns4Hire.com and d/b/a K-12 Coders, and SW Design School, L3C, a si

05-CA-243576 (N.L.R.B. Jun. 8, 2020)
SW Design School LLC, d/b/a Interns4Hire.com and d/b/a K-12 Coders, and SW Design School, L3C, a si

13 Cited authorities

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

    532 U.S. 706 (2001)   Cited 181 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  2. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  3. Nat'l Labor Relations Bd. v. Town & Country Electric, Inc.

    516 U.S. 85 (1995)   Cited 85 times   10 Legal Analyses
    Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"

  4. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  5. Frenchtown Acquisition Co. v. Nat'l Labor Relations Bd.

    683 F.3d 298 (6th Cir. 2012)   Cited 14 times
    Holding charge nurses were not supervisors despite conclusory testimony by director of nursing as to their authority to discipline

  6. 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

  7. Nat'l Labor Relations Bd. v. Long Island Ass'n for Aids Care, Inc.

    870 F.3d 82 (2d Cir. 2017)   Cited 2 times

    Docket Nos. 16-2325-ag(L) 16-2782-ag(XAP) August Term, 2017. 08-31-2017 NATIONAL LABOR RELATIONS BOARD, Petitioner–Cross–Respondent, v. LONG ISLAND ASSOCIATION FOR AIDS CARE, INC., Respondent–Cross–Petitioner. David R. Ehrlich, Stagg, Terenzi, Confusione & Wabnik, LLP (Debra L. Wabnik, on the brief), Garden City, NY. for Respondent–Cross–Petitioner Long Island Association for AIDS Care, Inc. Ruth E. Burdick, Deputy Assistant General Counsel, National Labor Relations Board (Julie Broido, Supervisory

  8. Mushroom Transportation Company v. N.L.R.B

    330 F.2d 683 (3d Cir. 1964)   Cited 48 times
    In Mushroom Transportation Co. v. NLRB, 330 F.2d 683, 685 (3d Cir. 1964), we held that to qualify as concerted activity "it must appear at the very least that [the conduct] was engaged in with the object of initiating or inducing or preparing for group action or that it had some relation to group action in the interest of the employees."

  9. New River Industries, Inc. v. N.L.R.B

    945 F.2d 1290 (4th Cir. 1991)   Cited 7 times
    Holding that dress codes are a "condition[] of employment which employees may seek to improve" while receiving the safeguards of the NLRA

  10. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,712 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  11. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,313 times   98 Legal Analyses
    Granting "employees" the right to unionize

  12. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,217 times   28 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”

  13. Section 143 - Saving provisions

    29 U.S.C. § 143   Cited 54 times   3 Legal Analyses

    Nothing in this chapter shall be construed to require an individual employee to render labor or service without his consent, nor shall anything in this chapter be construed to make the quitting of his labor by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent; nor shall the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions