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TBC Corporation and TBC Retail Group, Inc., a wholly-owned subsidiary of TBC Corporation

367 NLRB No. 18 (N.L.R.B. 2018)
TBC Corporation and TBC Retail Group, Inc., a wholly-owned subsidiary of TBC Corporation

15 Cited authorities

  1. EPIC Sys. Corp. v. Lewis

    138 S. Ct. 1612 (2018)   Cited 967 times   169 Legal Analyses
    Holding that, under Concepcion , "courts may not allow a contract defense to reshape traditional individualized arbitration" and "a rule seeking to declare individualized arbitration proceedings off limits" is preempted by the FAA

  2. Circuit City Stores, Inc. v. Adams

    532 U.S. 105 (2001)   Cited 1,594 times   52 Legal Analyses
    Holding that the phrase "any other class of workers engaged in ... commerce," following the specific examples of seamen and railroad employees, includes only "transportation workers," because construing it to include all other workers "fails to give independent effect to the statute’s enumeration of the specific categories of workers" that precede it

  3. Lechmere, Inc. v. Nat'l Labor Relations Bd.

    502 U.S. 527 (1992)   Cited 156 times   18 Legal Analyses
    Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent

  4. Morris v. Ernst & Young, LLP

    834 F.3d 975 (9th Cir. 2016)   Cited 147 times   52 Legal Analyses
    Holding arbitration provisions mandating individual arbitration of employment-related claims violate the NLRA and fall within the FAA's saving clause

  5. D.R. Horton, Inc. v. Nat'l Labor Relations Bd.

    737 F.3d 344 (5th Cir. 2013)   Cited 141 times   145 Legal Analyses
    Holding that an arbitration agreement that prohibited an employee from pursuing claims collectively did not violate the NLRA and must be enforced

  6. Lewis v. Epic Sys. Corp.

    823 F.3d 1147 (7th Cir. 2016)   Cited 124 times   58 Legal Analyses
    Holding that such waivers violate the Fair Labor Standards Act

  7. Amalgamated Workers v. Edison Co.

    309 U.S. 261 (1940)   Cited 211 times
    In Amalgamated Workers v. Edison Co., 309 U.S. 261, we held that the Board had implied authority to institute contempt proceedings for violation of court decrees enforcing orders of the Board.

  8. Murphy Oil United States, Inc. v. Nat'l Labor Relations Bd.

    808 F.3d 1013 (5th Cir. 2015)   Cited 66 times   103 Legal Analyses
    Upholding its earlier holding in D.R. Horton, Inc. v. NLRB , 737 F.3d 344 (5th Cir. 2013), that arbitration provisions mandating individual arbitration of employment-related claims do not violate the NLRA and are enforceable under the FAA

  9. Boch Imports, Inc. v. Nat'l Labor Relations Bd.

    826 F.3d 558 (1st Cir. 2016)   Cited 9 times
    Rejecting employer's reliance on W San Diego

  10. Enloe Medical Center v. N.L.R.B

    433 F.3d 834 (D.C. Cir. 2005)   Cited 14 times
    Holding that contractual provision allowing employer to adopt or change policies during course of agreement permitted employer to unilaterally change on-call policy

  11. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,317 times   84 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355