§Why CasetextPricing

GERAWAN FARMING v. AGRICULTURAL LABOR RELATIONS BOARD (UNITED FARM WORKERS OF AMERICA)

Real Party in Interest, United Farm Workers of America, Opening Brief on the Merits

92 Cited authorities

  1. Village of Willowbrook v. Olech

    528 U.S. 562 (2000)   Cited 6,350 times   12 Legal Analyses
    Holding that a class of one could challenge different treatment under the Equal Protection Clause where treatment was alleged to be "irrational and wholly arbitrary"

  2. Engquist v. Oregon Dep't of Agric.

    553 U.S. 591 (2008)   Cited 2,556 times   9 Legal Analyses
    Holding that a class-of-one equal-protection claim cannot be raised in the public-employment context based in part upon the discretionary nature of the employment decisions

  3. Mistretta v. United States

    488 U.S. 361 (1989)   Cited 1,916 times   7 Legal Analyses
    Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

  4. McCleskey v. Kemp

    481 U.S. 279 (1987)   Cited 1,988 times   6 Legal Analyses
    Holding that a study indicating that black defendants and defendants charged with killing white people are more likely to receive the death penalty was insufficient to support an inference that the decisionmakers in petitioner's case acted with discriminatory purpose

  5. Maislin Industries, U.S. v. Primary Steel

    497 U.S. 116 (1990)   Cited 389 times   1 Legal Analyses
    Holding that agency "does not have the power to adopt a policy that directly conflicts with its governing statute"

  6. Youngstown Co. v. Sawyer

    343 U.S. 579 (1952)   Cited 1,013 times   14 Legal Analyses
    Holding that resolution of labor disputes "is a job for the Nation’s lawmakers" notwithstanding impact on war

  7. Snowden v. Hughes

    321 U.S. 1 (1944)   Cited 1,342 times
    Holding that the U.S. Constitution's privileges and immunities clause does not protect the right to become a candidate for state office

  8. Hodel v. Indiana

    452 U.S. 314 (1981)   Cited 338 times
    Holding that "[s]ocial and economic legislation . . . that does not employ suspect classifications or impinge on fundamental rights . . . carries with it a presumption of rationality that can only be overcome by a clear showing of arbitrariness and irrationality."

  9. Power Comm'n v. Hope Gas Co.

    320 U.S. 591 (1944)   Cited 1,060 times   5 Legal Analyses
    Holding that a return rate of 6.5% was "just and reasonable"

  10. People v. Wilkinson

    33 Cal.4th 821 (Cal. 2004)   Cited 482 times
    Finding rational basis in part because Legislature reasonably could withhold from trial courts discretion to reduce felonies to misdemeanors in cases "deemed serious enough by the prosecutor to warrant felony prosecution"

  11. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,188 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  12. Section 159 - Representatives and elections

    29 U.S.C. § 159   Cited 2,416 times   12 Legal Analyses
    Granting a bargaining unit the exclusive right to represent employees in it

  13. Section 717c - Rates and charges

    15 U.S.C. § 717c   Cited 559 times   5 Legal Analyses
    Tasking FERC with ensuring that rates charged for sales of natural gas within FERC's jurisdiction are "just and reasonable"

  14. Section 252 - Procedures for negotiation, arbitration, and approval of agreements

    47 U.S.C. § 252   Cited 539 times
    Granting district courts authority to review "determinations" made by the state commissions under § 252

  15. Section 42 - Employees; expenses

    15 U.S.C. § 42   Cited 51 times

    Each commissioner shall receive a salary, payable in the same manner as the salaries of the judges of the courts of the United States. The commission shall appoint a secretary, who shall receive a salary, and it shall have authority to employ and fix the compensation of such attorneys, special experts, examiners, clerks, and other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress. With the exception

  16. Section 801 - Copyright Royalty Judges; appointment and functions

    17 U.S.C. § 801   Cited 35 times   3 Legal Analyses
    Providing that Royalty Judges may use agreement as the basis for a royalty distribution provided that the parties that would be bound by the determination have an opportunity to comment

  17. Section 716 - Grievances and disputes in non-profitmaking hospitals and residential care centers

    N.Y. Lab. Law § 716   Cited 22 times

    1. As used in this section "grievance" means any controversy or claim arising out of or relating to the interpretation, application or breach of the provisions of an existing collective bargaining contract. As used in this section "dispute" means all other controversies, claims or disputes between the employees of a non-profitmaking hospital or residential care center, or their representatives, and such hospital or residential care center concerning wages, hours, union security, seniority or other

  18. Section 423.239 - Findings, opinions, and orders; factors considered; financial ability of governmental unit to pay

    Mich. Comp. Laws § 423.239   Cited 17 times

    (1) If the parties have no collective bargaining agreement or the parties have an agreement and have begun negotiations or discussions looking to a new agreement or amendment of the existing agreement and wage rates or other conditions of employment under the proposed new or amended agreement are in dispute, the arbitration panel shall base its findings, opinions, and order upon the following factors: (a) The financial ability of the unit of government to pay. All of the following shall apply to

  19. Section 1207 - Labor disputes

    39 U.S.C. § 1207   Cited 9 times

    (a) If there is a collective-bargaining agreement in effect, no party to such agreement shall terminate or modify such agreement unless the party desiring such termination or modification serves written notice upon the other party to the agreement of the proposed termination or modification not less than 90 days prior to the expiration date thereof, or not less than 90 days prior to the time it is proposed to make such termination or modification. The party serving such notice shall notify the Federal

  20. Section 150E:9 - Impasses in negotiations

    Mass. Gen. Laws ch. 150E § 9   Cited 7 times

    After a reasonable period of negotiation over the terms of a collective bargaining agreement, either party or the parties acting jointly may petition the board for determination of the existence of an impasse. Upon receipt of such petition, the board shall commence an investigation forthwith to determine if the parties have negotiated for a reasonable period of time and if an impasse exists, within ten days of the receipt of such petition, the board shall notify the parties of the results of its

  21. Section 20900 - Solicitation by Non-Employee Organizers

    Cal. Code Regs. tit. 8 § 20900   Cited 17 times   6 Legal Analyses

    Labor Code Section 1140.2 declares it to be the policy of the State of California to encourage and protect the right of agricultural employees to full freedom of association, self-organization, and designation of representatives of their own choosing. (a) Agricultural employees have the right under Labor Code Section 1152 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

  22. Section 203 - Appeals to the California Apprenticeship Council

    Cal. Code Regs. tit. 8 § 203   Cited 2 times

    (a) The following procedures shall be followed when an appeal is filed with the Council within ten (10) days from the date the parties are given notification of the determination. The parties shall be deemed to have been given notification five (5) days after notice has been sent to their address of record. (1) The Chair of the Council shall appoint three (3) members of the Council to act as an appeal board and decide the appeal. This appeal board shall consist of one member of the Council representing