T.E. Elevator Corp.

10 Cited authorities

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
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
Southport Pet., Co. v. N.L.R.B
315 U.S. 100 (1942) Cited 187 times
Ruling that dissolution of company and transfer of assets did not prevent enforcement of a Board order
Alkire v. N.L.R.B
716 F.2d 1014 (4th Cir. 1983) Cited 48 times
Analyzing similar issue on an alter ego theory
Columbia Mfg. Corp. v. N.L.R.B
715 F.2d 1409 (9th Cir. 1983) Cited 25 times
Holding that, because the EAJA filing deadline was jurisdictional, the NLRB was compelled to apply the thirty-day limit strictly to fee applications under 5 U.S.C. § 504
N.L.R.B. v. Ozark Hardwood Company
282 F.2d 1 (8th Cir. 1960) Cited 35 times
In N.L.R.B. v. Ozark Hardwood Co., 282 F.2d 1 (8th Cir. 1960), the 8th Circuit also indicated that courts of appeals could make successorship determinations.
United States Pipe and Foundry Co. v. N.L.R.B
398 F.2d 544 (5th Cir. 1968) Cited 23 times
No. 24837. July 23, 1968. John J. Coleman, Jr., A. Henry Gaede, Jr., Birmingham, Ala., for petitioner; Allen Poppleton, Bradley, Arant, Rose White, Birmingham, Ala., of counsel. Benj. L. Erdreich, Birmingham, Ala., Michael Gottesman, Washington, D.C., Bernard Kleinman, Chicago, Ill., Elliot Bredhoff, George H. Cohen, Washington, D.C., Jerome Cooper, Birmingham, Ala., for intervenor. Marcel Mallet-Prevost, Asst. Gen. Counsel, William F. Wachter, Atty., NLRB, Washington, D.C., Arnold Ordman, Gen. Counsel
N.L.R.B. v. Herman Brothers Pet Supply, Inc.
325 F.2d 68 (6th Cir. 1963) Cited 18 times
In NLRB v. Herman Brothers Pet Supply, Inc., 325 F.2d 68 (6th Cir. 1963), there was no dispute as to the occurrence of unfair labor practices, such as the employer's statement to several employees that "he would never sign a union contract, and... he would close his business before admitting the union."
Nat'l Labor Relations Bd. v. Lewis
246 F.2d 886 (9th Cir. 1957) Cited 16 times
In Lewis, a partnership that manufactured and sold shoes gradually transferred the manufacturing portion of its business to a corporation at a different location.

T.E. Elevator Corp.

10 Cited authorities

Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties

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

Ruling that dissolution of company and transfer of assets did not prevent enforcement of a Board order

Analyzing similar issue on an alter ego theory

Holding that, because the EAJA filing deadline was jurisdictional, the NLRB was compelled to apply the thirty-day limit strictly to fee applications under 5 U.S.C. § 504

In N.L.R.B. v. Ozark Hardwood Co., 282 F.2d 1 (8th Cir. 1960), the 8th Circuit also indicated that courts of appeals could make successorship determinations.

In Lewis, a partnership that manufactured and sold shoes gradually transferred the manufacturing portion of its business to a corporation at a different location.