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The Boeing Company

365 NLRB No. 154 (N.L.R.B. 2017)
The Boeing Company

92 Cited authorities

  1. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,479 times   101 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  2. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,232 times   93 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  3. Firestone Tire Rubber Co. v. Bruch

    489 U.S. 101 (1989)   Cited 8,915 times   54 Legal Analyses
    Holding that a denial of ERISA benefits "is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan"

  4. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,785 times   60 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  5. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 1,095 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  6. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,612 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”

  7. Kamen v. Kemper Financial Services, Inc.

    500 U.S. 90 (1991)   Cited 1,232 times   5 Legal Analyses
    Holding parties' legal theories not binding on Court, which "retains the independent power to identify and apply the proper construction of governing law"

  8. 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"

  9. Nat'l Labor Relations Bd. v. Canning

    573 U.S. 513 (2014)   Cited 274 times   150 Legal Analyses
    Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”

  10. Allentown Mack Sales & Service, Inc. v. Nat'l Labor Relations Bd.

    522 U.S. 359 (1998)   Cited 426 times   13 Legal Analyses
    Holding that the Board "is not free to prescribe what inferences from the evidence it will accept and reject, but must draw all those inferences that the evidence fairly demands"

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,961 times   230 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. 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

  13. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,092 times   34 Legal Analyses
    Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

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

    29 U.S.C. § 157   Cited 3,302 times   97 Legal Analyses
    Granting employees the right to engage in or refrain from engaging in union activity

  15. Section 1022 - Summary plan description

    29 U.S.C. § 1022   Cited 1,293 times   16 Legal Analyses
    Requiring the summary plan description to be furnished to participants

  16. Section 2101 - Definitions; exclusions from definition of loss of employment

    29 U.S.C. § 2101   Cited 832 times   39 Legal Analyses
    Defining "mass layoff" as "a reduction in force" that is not the result of a plant closing and "(B) results in an employment loss"