37 Cited authorities

  1. Federal Trade Commission v. Standard Oil Co.

    449 U.S. 232 (1980)   Cited 565 times   3 Legal Analyses
    Holding that the issuance of an administrative complaint is not final agency action because a complaint is "not a definitive statement of position" but instead a "threshold determination that further inquiry is warranted"
  2. Sure-Tan, Inc. v. Nat'l Labor Relations Bd.

    467 U.S. 883 (1984)   Cited 366 times   3 Legal Analyses
    Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge
  3. Machinists Local v. Labor Board

    362 U.S. 411 (1960)   Cited 273 times   2 Legal Analyses
    Holding that “a finding of violation which is inescapably grounded on events predating the limitations period” is untimely
  4. Arce v. Kaiser Foundation Health Plan, Inc.

    181 Cal.App.4th 471 (Cal. Ct. App. 2010)   Cited 147 times
    Holding that the defendant's "alleged practice of categorically denying coverage" of certain services for autism-related disorders purportedly encompassed by the terms of a health care plan was sufficient to state a class action UCL claim
  5. Nat'l Labor Relations Bd. v. Magnavox Co. of Tennessee

    415 U.S. 322 (1974)   Cited 75 times
    In Magnavox, the Board changed its bifurcated rule and adopted the Eighth Circuit's view that the union had no power to waive employee distribution rights on behalf of either itself or another union.
  6. Smiley v. Citibank

    11 Cal.4th 138 (Cal. 1995)   Cited 106 times
    Looking to the definition of “interest” at time when the relevant act was passed
  7. Agricultural Labor Relations Bd. v. Superior Court

    16 Cal.3d 392 (Cal. 1976)   Cited 172 times
    In Agricultural Labor Relations Bd. v. Superior Court, supra, 16 Cal.3d 392, however, we upheld an ALRB rule providing limited access by union organizers to workers in the fields, despite the fact that under the NLRA access by union organizers to workers in working areas is determined on a case-by-case basis, upon a showing that the particular workers are otherwise inaccessible.
  8. C.R. v. Tenet Healthcare Corp.

    169 Cal.App.4th 1094 (Cal. Ct. App. 2009)   Cited 54 times   1 Legal Analyses
    In C.R. v. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1112, plaintiff sufficiently pleaded a claim of ratification with allegations that defendant, with knowledge of the employee's misconduct, continued to employ him and destroyed documents evidencing the misconduct.
  9. Coito v. Superior Court of Stanislaus Cnty.

    54 Cal.4th 480 (Cal. 2012)   Cited 48 times   2 Legal Analyses
    In Coito, one party's counsel attempted to use the efforts of the other party's counsel to find witnesses and information about the case that was readily available to both parties.
  10. Boire v. Pilot Freight Carriers, NC

    515 F.2d 1185 (5th Cir. 1975)   Cited 87 times
    Holding that issuance of an interim bargaining order where one did not previously exist would "materially alter [the status quo], creating by judicial fiat a relationship that has never existed."
  11. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 6,773 times   14 Legal Analyses
    Finding 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
  12. Section 452

    Cal. Evid. Code § 452   Cited 4,424 times

    Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: (a) The decisional, constitutional, and statutory law of any state of the United States and the resolutions and private acts of the Congress of the United States and of the Legislature of this state. (b) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States. (c) Official acts of the legislative, executive

  13. Section 186 - Restrictions on financial transactions

    29 U.S.C. § 186   Cited 2,127 times   14 Legal Analyses
    Prohibiting payments to labor union officials
  14. Section 954

    Cal. Evid. Code § 954   Cited 239 times   4 Legal Analyses

    Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by: (a) The holder of the privilege; (b) A person who is authorized to claim the privilege by the holder of the privilege; or (c) The person who was the lawyer at the time of the confidential communication, but such person may not

  15. Section 439 - Violations and penalties

    29 U.S.C. § 439   Cited 84 times   3 Legal Analyses

    (a) Willful violations of provisions of subchapter Any person who willfully violates this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (b) False statements or representations of fact with knowledge of falsehood Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any document, report, or other information required under the provisions of this

  16. Section 2018.030

    Cal. Civ. Proc. Code § 2018.030   Cited 64 times   7 Legal Analyses

    (a) A writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances. (b) The work product of an attorney, other than a writing described in subdivision (a), is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party's claim or defense or will result in an injustice. Ca. Civ. Proc. Code § 2018.030 Added by Stats 2004 ch 182 (AB

  17. Section 1140

    Cal. Lab. Code § 1140   Cited 63 times

    This part shall be known and may be referred to as the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975. Ca. Lab. Code § 1140

  18. Section 1153

    Cal. Lab. Code § 1153   Cited 48 times

    It shall be an unfair labor practice for an agricultural employer to do any of the following: (a) To interfere with, restrain, or coerce agricultural employees in the exercise of the rights guaranteed in Section 1152. (b) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. However, subject to such rules and regulations as may be made and published by the board pursuant to Section 1144, an agricultural employer shall

  19. Section 1152

    Cal. Lab. Code § 1152   Cited 19 times

    Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of continued

  20. Section 1140.4

    Cal. Lab. Code § 1140.4   Cited 12 times
    In Labor Code section 1140.4, subdivision (c), the California law distinctly excludes farm labor contractors — such as De Dios — from the statutory category of agricultural employers.
  21. Section 20219 - Review of Dismissals

    Cal. Code Regs. tit. 8 § 20219   Cited 1 times

    Within 10 days of the date of service of a dismissal, the charging party may file a request with the general counsel for review of the decision dismissing the charge. The request for review shall specifically state all reasons why the decision should be reviewed. If the charge was dismissed for lack of evidence, the charging party may provide additional evidence in support of the charge accompanied by a showing of the reasons why such evidence was not previously presented to the regional director

  22. Rule 8.252 - Judicial notice; findings and evidence on appeal

    Cal. R. 8.252   Cited 319 times

    (a)Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (2) The motion must state: (A) Why the matter to be noticed is relevant to the appeal; (B) Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court; (C) If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice