H. K. Porter Co. v. Nat'l Labor Relations Bd.
397 U.S. 99 (1970) Cited 222 times 2 Legal AnalysesHolding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."
Hoffman, Nat'l Labor Relations Bd. v. Inn Credible Caterers
247 F.3d 360 (2d Cir. 2001) Cited 55 timesConcluding that, in the absence of an injunction, the employer could continue to hire non-union workers and "thereby threaten to weaken severely, if not destroy, the power of the predecessor's employees to assert their collective bargaining rights
Johnson v. Cnty. of Nassau
82 F. Supp. 3d 533 (E.D.N.Y. 2015) Cited 33 timesAffirming on reconsideration that, although the NYSHRL claims were dismissed against the county for plaintiff's failure to serve a notice of claim, the individual defendant could be held individually liable for a NYSHRL hostile work environment claim "as an aider and abettor"
Beck Chevrolet Co. v. General Motors LLC
787 F.3d 663 (2d Cir. 2015) Cited 25 timesStating that factual findings after a bench trial are reviewed for clear error
Paulsen v. Renaissance Equity Holdings, LLC
849 F. Supp. 2d 335 (E.D.N.Y. 2012) Cited 15 timesFinding that the Board's November 2011 delegation to the General Counsel constituted valid authority to bring a 10(j) petition under the NLRA
Blyer v. One Stop Kosher Supermarket, Inc.
720 F. Supp. 2d 221 (E.D.N.Y. 2010) Cited 4 timesCase No. 10-CV-1956 (FB) (VVP). June 29, 2010. James P. Kearns, Esq., National Labor Relations Board, Region 29, Brooklyn, NY, for Petitioner. Jeffrey A. Meyer, Esq., Kaufman Dolowich Voluck Gonzo LLP, Woodbury, NY, for Respondent. MEMORANDUM AND ORDER FREDERIC BLOCK, District Judge. Alvin Blyer, as Regional Director of Region 29 of the National Labor Relations Board ("NLRB"), petitions, pursuant to 29 U.S.C. § 160(j), for interim relief pending the NLRB's adjudication of an unfair labor practices
Silverman v. 40-41 Realty Associates, Inc.
668 F.2d 678 (2d Cir. 1982) Cited 18 timesIn Silverman v. 40-41 Realty Associates, Inc., 668 F.2d 678, 680 (2d Cir. 1982), the court concluded that injunctive relief could not be just and proper where the legal theory advanced by the petitioner involves an "unprecedented application of the Act," or where the issue in a given case is "a difficult one that had not been considered by any court."
Rule 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,633 times 66 Legal AnalysesAllowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,014 times 19 Legal AnalysesFinding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB