Case law

Sperry Systems Management Division, Sperry Rand Corp. v. National Labor Relations Board

492 F.2d 63 · Court of Appeals for the Second Circuit · Feb 15, 1974

For reasons that appear below, we agree with the Board’s dissenters. III. In Douds v. … In support of its holding, the Board cites Local 24, Teamsters v. Oliver, 358 U.S. 283 , 79 S.Ct. 297 , 3 L.Ed.2d 312 (1959).

Simberlund v. Long Island Rail Road

421 F.2d 1219 · Court of Appeals for the Second Circuit · Feb 2, 1970

It is now well established that the federal courts, not the railroad adjustment boards, have jurisdiction over actions by employees to enforce this duty. Glover v. St. Louis-S. F. R. R. … Brown with a minimum of a day at engineers rate for each day that R. J. Brown was used as an engineman while the claimants were used as firemen, based on the fact that the claimants were and are senior to H. J.

National Labor Relations Board v. Consolidated Dress Carriers, Inc.

693 F.2d 277 · Court of Appeals for the Second Circuit · Nov 19, 1982

P 13,872 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. … The failure to accept these offers justifies the Board's order of reinstatement with back pay. N.L.R.B. v.

Milford v. City of New York, Board of Health

158 F. App'x 354 · Court of Appeals for the Second Circuit · Dec 20, 2005

In analyzing Milford’s claims, we apply the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). … See Woodman v. WWOR-TV, Inc., 411 F.3d 69, 76 (2d Cir. 2005). *355 We have considered all of Milford’s remaining arguments and find them to be without merit. The decision of the district court is therefore AFFIRMED.

ITT Lighting Fixtures, Division of ITT Corp. v. National Labor Relations Board

712 F.2d 40 · Court of Appeals for the Second Circuit · Jul 18, 1983

ITT Lighting Fixtures, Division of ITT Corporation v. NLRB, 658 F.2d 934, 940 (2d Cir. 1981). … Upon motion by the Company the Board rescinded the order reopening the record, agreeing that the existing record was sufficient. See ITT Lighting Fixtures, Division of ITT Corporation v.

Jack R. Battipaglia and Bacchus Selections Inc. v. New York State Liquor Authority, Peerless Importers Inc., Defendant-Intervenor

745 F.2d 166 · Court of Appeals for the Second Circuit · Sep 21, 1984

State Board of Equalization v. Young’s Market Co., 299 U.S. 59, 64 , 57 S.Ct. 77, 79 , 81 L.Ed. 38 (1936). … Midcal, 445 U.S. at 112 , 100 S.Ct. at 947 (quoting Rice v. Alcoholic Beverage Control Appeals Board, 579 P.2d at 490, 493 ).

National Labor Relations Board v. American Armored Car Ltd.

144 F. App'x 165 · Court of Appeals for the Second Circuit · Aug 15, 2005

The Board has broad discretion over labor remedies, and we will overturn the Board’s choice only if it cannot be fairly said to effectuate the purposes of the National Labor Relations Act. NLRB v. … NLRB v. Mastro Plastics, Corp., 354 F.2d 170 , 174 n. 3 (2d Cir.1965). The ultimate burden to show such wilful loss is on the employer. Id. at 179.

Waterbury Community Antenna, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

587 F.2d 90 · Court of Appeals for the Second Circuit · Oct 27, 1978

NLRB v. M. H. Brown Co., 441 F.2d 839, 843 (2d Cir. 1971); see Western Exterminator Co. v. NLRB, 565 F.2d 1114 , 1117 n.2 (9th Cir. 1977). … Finally, while the Board may have been justified in drawing an inference of anti-union animus on the basis of the timing of Tabaka’s discharge, NLRB v. M. H. Brown Co., supra, 441 F.2d at 843 ; NLRB v.

Hirschfeld v. Spanakos

104 F.3d 16 · Court of Appeals for the Second Circuit · Jan 3, 1997

For these reasons, the motion for a stay was "entirely without color" and was clearly made for "improper reasons," thus meeting the Browning Debenture Holders' [Comm. v. … Corp. v.

McAllister Towing & Transportation Co. v. National Labor Relations Board

156 F. App'x 386 · Court of Appeals for the Second Circuit · Nov 30, 2005

Board and circuit precedent support the imposition of sanctions in such circumstances. See Atlantic Richfield Co. v. U.S. … We review the Board’s affirmance for substantial evidence. 29 U.S.C. § 160 (e); NLRB v. Katz’s Delicatessen, Inc., 80 F.3d 755 , 763 (2d Cir.1996). As the D.C.

National Labor Relations Board v. Sanford Home For Adults

669 F.2d 35 · Court of Appeals for the Second Circuit · Dec 7, 1981

P 13,195 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SANFORD HOME FOR ADULTS, and Local 6, International Federation of Health Professionals, International Longshoremen's Association, AFL-CIO, Respondents. … See Seeler v. Trading Port, Inc., 517 F.2d 33, 36 (2d Cir. 1975). 6 The Board's petition for enforcement is granted. * This petition, originally heard on November 30, 1981, was decided by order dated December 7, 1981.

Mitchell v. National Broadcasting Co.

553 F.2d 265 · Court of Appeals for the Second Circuit · Apr 6, 1977

Ford Motor Co., 496 F.2d 500 (6th Cir. 1974); Brown v. Gaston County Dyeing Machine Co., 457 F.2d 1377 (4th Cir.), cert. denied, 409 U.S. 982 , 93 S.Ct. 319 , 34 L.Ed.2d 246 (1972); Waters v. … American Mannex Corp. v. Rozands, 462 F.2d 688, 690 (5th Cir.), cert. denied, 409 U.S. 1040 , 93 S.Ct. 524 , 34 L.Ed.2d 489 (1972). See Brown v. DeLayo, 498 F.2d 1173, 1175 (10th Cir. 1974); Bricker v.

In re Letters Rogatory Issued by Director of Inspection of Government of India

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

This appeal by Jain and Brown Brothers, Harriman & Co. followed. Although our appellate jurisdiction has not been questioned, we must consider this in the first instance. United States v. Fabric Garment Co. … . § 7441, is— and was equally so when it was called the Board of Tax Appeals. See Old Colony Trust Co. v. C. I. R., 279 U.S. 716, 725 , 49 S.Ct. 499 , 73 L.Ed. 918 (1929).

National Labor Relations Board v. Ortiz Funeral Home Corp.

651 F.2d 136 · Court of Appeals for the Second Circuit · Jun 8, 1981

Although, in determining that intent, the Board was not confined to the four corners of the contract, International Union of Electrical, Radio & Machine Workers v. … NLRB, 418 F.2d 1191 , 1201 (D.C.Cir.1969), the Board could not alter the unit that had been agreed upon and approved. Tidewater Oil Co. v.

Local 144, Hotel, Hospital, Nursing Home & Allied Services Union v. National Labor Relations Board

9 F.3d 218 · Court of Appeals for the Second Circuit · Nov 4, 1993

Ass’n v. … The Board may resolve this question in a representation proceeding. However, we will not review this question before the Board has had a chance to resolve it. V.

United States v. CITY OF YONKERS YONKERS BOARD OF EDUCATION

181 F.3d 301 · Court of Appeals for the Second Circuit · Jun 22, 1999

Bradley, 433 U.S. 267, 282 (1977) (citation omitted). 115 The first of these two duties reflects the federal judiciary's ongoing commitment first articulated in Brown v. … Proceeding without such findings, in my view, is out of harmony with the principles of Brown and its progeny.

Thomas v. Board Of Education, Granville Central School District

607 F.2d 1043 · Court of Appeals for the Second Circuit · Oct 15, 1979

City of New Orleans, 408 U.S. 913 , 92 S.Ct. 2499 , 33 L.Ed.2d 321 (1972); Brown v. Oklahoma, 408 U.S. 914 , 92 S.Ct. 2507 , 33 L.Ed.2d 326 (1972); Gooding v. … Durkin v. Taylor, 444 F.Supp. 879 (E.D.Va.1977) (prison); Baker v. Downey City Board of Education, 307 F.Supp. 517, 527 (C.D.Cal.1969) (high school); See Webb v.

Eisenberg v. Lenape Products

781 F.2d 999 · Court of Appeals for the Second Circuit · Jan 22, 1986

P 11,816 Arthur EISENBERG, Regional Director of the Twenty-second Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Appellants, v. LENAPE PRODUCTS, INC., Appellee. … Kobell v.

National Labor Relations Board v. W. Ralston & Company, Inc., and Technical Tape Corporation

298 F.2d 927 · Court of Appeals for the Second Circuit · Jan 29, 1962

The National Labor Relations Board seeks enforcement of an order directing respondents to cease and desist from conduct violative of Section 8(a) (1) 1 2of the National Labor Relations Act, as amended. … Universal Camera Corp. v. N. L. R. B., 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951); N. L. R. B. v.

Morris Biller and Vincent R. Sombrotto v. United States Merit Systems Protection Board

863 F.2d 1079 · Court of Appeals for the Second Circuit · Dec 16, 1988

by the Board. … See Blaylock v. U.S. Merit Systems Protection Bd., 851 F.2d 1348 , 1350 & n. 4 (11th Cir.1988) (consolidated with petitioners’ case before Board).