Case law

National Labor Relations Board v. E.D.P. Medical Computer Systems, Inc.

6 F.3d 951 · Court of Appeals for the Second Circuit · Oct 8, 1993

P 10,930 NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellee, v. E.D.P. … Packers v.

Tian Ming Huang v. Board of Immigration Appeals

305 F. App'x 722 · Court of Appeals for the Second Circuit · Jan 6, 2009

See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir.2005). … See 8 U.S.C. § 1158 (b)(1)(B)®; Yueqing Zhang v.

United States v. William Ludwig Ullmann

221 F.2d 760 · Court of Appeals for the Second Circuit · Jun 6, 1955

It is well to add a few words about defendant’s contention concerning the doctrine of Brown v. … See also Picard v. United Aircraft Corp., 2 Cir., 128 F.2d 632, 636 ; Judge Parker’s opinion in Barnette v. West Virginia State Board of Education, D.C., 47 F.Supp. 251, 252-253 .

Pride v. Community School Board of Brooklyn, New York School District

488 F.2d 321 · Court of Appeals for the Second Circuit · Nov 21, 1973

Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 16 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 (1971). 3 42 Appellants misconstrue Lee v. … They invoke the holding in Brown v.

Church Homes, Inc. v. National Labor Relations Board

303 F. App'x 998 · Court of Appeals for the Second Circuit · Dec 29, 2008

In New England Health Care Employees Union v. … See NLRB v. American Geri-Care, Inc., 697 F.2d 56, 60 (2d Cir.1982) (“[T]he findings of the Board cannot be lightly overturned, especially when these findings are based upon the Board’s assessment of credibility.”

B. G. Costich & Sons, Inc. v. National Labor Relations Board

613 F.2d 450 · Court of Appeals for the Second Circuit · Jan 8, 1980

B. v. Brown, 380 U.S. 278, 286 , 85 S.Ct. 980, 985 , 13 L.Ed.2d 839 (1965). … B. v. Great Dane Trailers, Inc., 388 U.S. 26 , 87 S.Ct. 1792 , 18 L.Ed.2d 1027 (1967); American Ship Building Co. v. N. L. R. B., supra; N. L. R. B. v. Brown, supra; N. L. R. B. v.

Xiu Ying Huang v. Board of Immigration Appeals

301 F. App'x 85 · Court of Appeals for the Second Circuit · Dec 5, 2008

Kaur v. BIA 413 F.3d 232, 233 (2d Cir.2005). … See, e.g., Wei Guang Wang v.

National Labor Relations Board v. Wine, Liquor & Distillery Workers Union, Local I

178 F.2d 584 · Court of Appeals for the Second Circuit · Dec 12, 1949

178 F.2d 584 16 A.L.R.2d 762 NATIONAL LABOR RELATIONS BOARD, v. WINE, LIQUOR & DISTILLERY WORKERS UNION, LOCAL I, DISTILLERY, RECTIFYING AND WINE WORKERS INTERNATIONAL UNION OF AMERICA, A.F. 0F L. No. 29, Docket 2137-1. … Justice Black said in Giboney v.

Confectionery & Tobacco Drivers & Warehousemen's Union v. National Labor Relations Board

312 F.2d 108 · Court of Appeals for the Second Circuit · Jan 7, 1963

B. v. Sands Mfg. Co., 306 U.S. 332 , 59 S.Ct. 508 , 83 L.Ed. 682 (1939); Plasti-Line, Inc. v. N. L. R. B., 278 F.2d 482 (6 Cir. 1960); N. L. R. B. v. Draper Corp., 145 F.2d 199 (4 Cir. 1944). … B. v. Marshall Car Wheel & Foundry Co., 218 F.2d 409 (5 Cir. 1955); N. L. R. B. v. Draper Corp., supra.

National Labor Relations Board v. United Aircraft Corporation, Pratt & Whitney Aircraft Division

324 F.2d 128 · Court of Appeals for the Second Circuit · Nov 6, 1963

The Board found these to be questionable after-the-fact rationalizations and insufficient to explain the institution of the rule. The record sustains the Board’s finding. … Of course presumptions utilized by the Board must be rationally justifiable; there must be a logical nexus between what is proved and what is presumed. See Republic Aviation Corp. v. N. L. R.

National Labor Relations Board v. Coca-Cola Bottling Company of Buffalo

936 F.2d 122 · Court of Appeals for the Second Circuit · Jun 27, 1991

Grandee Beer Distributors, Inc. v. NLRB, 630 F.2d 928, 932 (2d Cir.1980) (citing Universal Camera Corp. v. NLRB, 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951)). … In addition, it must be noted that the Board has broad discretion when passing on the appropriateness of disputed bargaining units. National Labor Relations Board v.

Catholic Medical Center of Brooklyn v. National Labor Relations Board

589 F.2d 1166 · Court of Appeals for the Second Circuit · Dec 15, 1978

In NLRB v. R. Dakin & Co., 477 F.2d 492, 493 (9 Cir. 1973), 7 the court set aside the Board’s bargaining order. … This was that in Gibson’s Discount Center, 214 NLRB 221 (1974), the Board applied NLRB v. Savair Mfg.

New York University Medical Center v. National Labor Relations Board

156 F.3d 405 · Court of Appeals for the Second Circuit · Sep 25, 1998

See Spentonbush, 106 F.3d at 492 (“the Board’s biased mishandling of cases involving supervisors increasingly has called into question our obeisance to the Board’s decisions in this area.”); Schnuck Markets, Inc. v. … See Meek v. United States, 608 F.2d 368, 373 (9th Cir.1979); see also Ezekiel v.

National Labor Relations Board v. District 65, Retail, Wholesale & Department Store Union, Afl-Cio

375 F.2d 745 · Court of Appeals for the Second Circuit · Mar 24, 1967

The Board adopted the Recommended Order of the Trial Examiner. 157 NLRB No. 52 . … A few specific incidents, all as found by the Trial Examiner and adopted by the Board, suffice to illustrate the aggravated character of the Union’s conduct. B. Brown Associates, Inc.

National Labor Relations Board v. Solis Theatre Corp., and Interboro Circuit, Inc.

403 F.2d 381 · Court of Appeals for the Second Circuit · Nov 14, 1968

Labor Board, 330 U.S. 485 , 67 S.Ct. 789 , 91 L.Ed. 1040 (1947); N. L. R. B. v. St. John’s Associates, Inc., 392 F.2d 182 (2 Cir. 1968); N. L. R. B. v. … Finally, we are not persuaded to enforce the Board’s order on the basis of NLRB v.

National Labor Relations Board v. Eastern Connecticut Health Services, Inc.

815 F.2d 517 · Court of Appeals for the Second Circuit · Apr 8, 1987

Particularly since the Board is entitled to view such claims with skepticism when made by employers rather than employees, see Retired Persons Pharmacy v. … See NLRB v. Lee Office Equipment, 572 F.2d 704, 706-07 (9th Cir. 1978). The employer next makes several procedural attacks on the Board proceedings. None have merit.

Bryant & Stratton Business Institute, Inc. v. National Labor Relations Board

140 F.3d 169 · Court of Appeals for the Second Circuit · Mar 24, 1998

PARKER, Circuit Judge: The National Labor Relations Board (“NLRB” or the “Board”) seeks, on cross-petition, to enforce its orders entered August 23, 1996 (Chairman Gould, Members Browning and Cohen, Panel) and April 8, 1997 … Corp. v.

Proxy Communications of Manhattan, Inc. v. National Labor Relations Board

873 F.2d 552 · Court of Appeals for the Second Circuit · Apr 14, 1989

PER CURIAM: We are asked to enforce an order of the National Labor Relations Board (“NLRB”) that arose from an employer’s claim that a majority of its employees no longer supports the union. … See, e.g., Richmond Recording Corp. v.

In the Matter of Letters Rogatory Issued by the Director of Inspection of the Government of India to Take the Testimony of the President or Other Designated Representative of Messrs. Brown Brothers, Harriman & Company and the President or Other Designated Representative of Chase Manhattan Bank

385 F.2d 1017 · Court of Appeals for the Second Circuit · Nov 9, 1967

This appeal by Jain and Brown Brothers, Harriman & Co. followed. 2 Although our appellate jurisdiction has not been questioned, we must consider this in the first instance. United States v. Fabric Garment Co. … Adityan v.

Patty v. Helvering

98 F.2d 717 · Court of Appeals for the Second Circuit · Jul 18, 1938

Gregory v. Helvering, 293 U.S. 465 , 55 S.Ct. 266 , 79 L.Ed. 596 , 97 A.L.R. 1355 . The courts have more commonly than not limited the section to such situations. Commissioner v. Brown, 7 Cir., 69 F.2d 602 ; Hyman v. … Randolph v. Commissioner, 5 Cir., 76 F.2d 472 ; Brown v. Commissioner, 3 Cir., 79 F.2d 73 ; McGuire v. Commissioner, 7 Cir., 84 F.2d 431 ; Parker v. United States, 7 Cir., 88 F.2d 907 .