Case law

National Labor Relations Board v. Consolidated Rendering Company, D/B/A Burlington Rendering Company

386 F.2d 699 · Court of Appeals for the Second Circuit · Dec 11, 1967

Rulings on credibility are, of course, for the Trial Examiner and the Board. See, e. g. Mak-All Mfg., Inc. v. NLRB, 331 F.2d 404, 405 (2d Cir. 1964). … NLRB v. Flomatic Corp., 347 F.2d at 79 . The Board’s bargaining order is amply justified both under § 8(a) (1) and under § 8(a) (5). Enforcement granted. 1 .

Full Gospel Tabernacle v. Community School District 27

164 F.3d 829 · Court of Appeals for the Second Circuit · Jan 25, 1999

Grover, in his official capacity as Deputy Superintendent of Community School District 27; James Egan; Donna Marie Caltabiano; Ernest Brown; Shalom Becker; James G. Adams; Richard J. … See Full Gospel Tabernacle v. Community School District 27, 979 F.Supp. 214 (S.D.N.Y.1997).

Caldwell v. American Basketball Ass'n

66 F.3d 523 · Court of Appeals for the Second Circuit · Sep 21, 1995

Accord, Brown v. Pro Football, Inc., 50 F.3d 1041, 1056 (D.C.Cir.1995) (same). … National Labor Relations Board v. Local 282, Int’l Bhd. of Teamsters, 740 F.2d 141 , 146 (2d Cir.1984).

Singh v. Baord of Immigration Appeals

207 F. App'x 107 · Court of Appeals for the Second Circuit · Dec 5, 2006

See Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83 , 93 (2d Cir.2001). … found where the BIA’s decision “provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary or conclusory statements; that is to say, where the Board

Macey v. Carolina Casualty Insurance Co.

Court of Appeals for the Second Circuit · Mar 23, 2012

P’Ship v. PRC Inc., 457 S.E.2d 370, 373 (Va. 1995). … See Garza v. Marine Transp.

Bagel Bakers Council of Greater New York v. National Labor Relations Board

555 F.2d 304 · Court of Appeals for the Second Circuit · Mar 23, 1977

NLRB v. Bagel Bakers Council, 434 F.2d 884 (2d Cir. 1970), cert, denied, 402 U.S. 908 , 91 S.Ct. 1380 , 28 L.Ed.2d 648 (1971). This appeal challenges the back pay award made by the Board. … See NLRB v. Charley Toppino and Sons, Inc., 358 F.2d 94 (5th Cir. 1966). 3 In framing a remedy, the Board has wide discretion, subject to limited judicial scrutiny.

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

718 F.2d 201 · Court of Appeals for the Second Circuit · Sep 20, 1983

E.g., NLRB v. Carroli Contracting and Ready-Mix, Inc., 636 F.2d 111, 113 (5th Cir.1981); Exeter 1-A Limited Partnership v. NLRB, 596 F.2d 1280,1284 (5th Cir.1979); NLRB v. Mr. … Porto, Inc., 590 F.2d 637, 640 (6th Cir.1978); see also Summa Corp. v. NLRB, 625 F.2d 293, 296 (9th Cir.1980). The Board’s petition for rehearing is denied. .

National Labor Relations Board v. Local 138, International Union of Operating Engineers, Afl-Cio

385 F.2d 874 · Court of Appeals for the Second Circuit · Nov 27, 1967

As we noted, the Board’s order for total reimbursement might well have been in the nature of a penalty, which is, of course, beyond the power of the Board. See, e. g., Local 60, United Brotherhood of Carpenters, etc. v. … And even if the union’s interpretation of Local 825 were correct, the Board, when it adjudicates, has the power to make a reversal of doctrine applicable to the case before it. NLRB v. A. P. W.

National Labor Relations Board v. Plumbers Union of Nassau County, Local 457

299 F.2d 497 · Court of Appeals for the Second Circuit · Feb 6, 1962

The -remedy here was in the filing of charges 'before the Board when the claimed illegality came to light, not in illegal self--help. Superior Derrick Corp. v. N. L. R. … VII Finally, termination of the picketing, the walkout and the particular job itself do not render the Board’s order moot. N. L. R. B. v.

Owens v. Shields

34 F. App'x 33 · Court of Appeals for the Second Circuit · May 15, 2002

On May 12, 2000, Owens filed suit against the State of New York’s Compensation Board, various panel members, the State Insurance Fund, the State of New York, and several other individuals. … As the District Court reasoned, the facts that the Complaint names the Workers Compensation Board and panel members as defendants and makes sporadic references to cash disability benefits suggest that Owens seeks damages

Tim Lok v. Immigration and Naturalization Service

548 F.2d 37 · Court of Appeals for the Second Circuit · Jan 4, 1977

Brown, 380 U.S. 278, 290-92 , 85 S.Ct. 980 , 13 L.Ed.2d 839 (1965). … These contentions are best left to initial determination by the Board of Immigration Appeals, see N.L.R.B. v. Columbia University, 541 F.2d 922, 930-32 (2d Cir. 1976).

National Labor Relations Board v. Local 3, International Brotherhood of Electrical Workers, Afl-Cio

362 F.2d 232 · Court of Appeals for the Second Circuit · Jun 15, 1966

See National Labor Relations Board v. Local 182, International Brotherhood of Teamsters, 314 F.2d 53, 60-61 (2d Cir. 1963); Harold Levinsohn Corp. v. … National Labor Relations Board v. Warrensburg Board & Paper Corp., 340 F.2d 920 (2d Cir. 1965).

United States ex rel. Consiglio v. Day

55 F.2d 228 · Court of Appeals for the Second Circuit · Jan 4, 1932

The Board found that he was, and that his return on the same day was a re-entry into the United States. The question presented is whether the provisions of sections 136 and 155 of the U. S. … Squillari v. Day, 35 F.(2d) 284 (C. C. A. 3); Ex parte Keizo Shibata, 35 F.(2d) 636 (C. C. A. 9); Wilson v. Carr, 41 F.(2d) 704 (C. C. A. 9); Browne v. Zurbrick, 45 F.(2d) 931 (C. C. A. 6).

National Labor Relations Board v. Arthur Sarnow Candy Co., Inc. And Lily Popcorn, Inc.

40 F.3d 552 · Court of Appeals for the Second Circuit · Nov 10, 1994

See also NLRB v. … Elizabeth Hosp. v.

Board of Education of City School District of City of New York v. Harris

622 F.2d 599 · Court of Appeals for the Second Circuit · Nov 19, 1979

Brown, 380 U.S. 563, 571 , 85 S.Ct. 1162 , 14 L.Ed.2d 75 (1965); Ernst & Ernst v. Hochfelder, 425 U.S. 185, 201 , 96 S.Ct. 1375 , 47 L.Ed.2d 668 (1976). … Recent opinions of the Supreme Court, see, e. g., Chrysler Corp. v. Brown, 441 U.S. 281 , 99 S.Ct. 1705, 1717-1725 , 60 L.Ed.2d 208 (1979); Batterton v.

Kinney Drugs, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

74 F.3d 1419 · Court of Appeals for the Second Circuit · Jan 24, 1996

Co., 314 F.2d 627 (2d Cir.1963); Tidewater Oil Co. v. NLRB, 358 F.2d 363 (2d Cir.1966); and NLRB v. … If not, we direct the Board to order a new election. . Board orders in representation elections are generally not directly reviewable by the federal courts. See Boire v.

Alfred L. Jacques v. United States Railroad Retirement Board, and the United States Government

736 F.2d 34 · Court of Appeals for the Second Circuit · May 30, 1984

See, e.g., United States v. Wilson, 631 F.2d 118, 119 (9th Cir.1980); Commonwealth of Pennsylvania v. Brown, 373 F.2d 771, 778 (3d Cir.1967); Wagner v. … See Kelly v. Railroad Retirement Board, 625 F.2d 486, 495-96 (3d Cir.1980); Andrews v. Railroad Retirement Board, 595 F.2d 676, 685 (D.C.Cir.1978); Parker v. Railroad Retirement Board, 441 F.2d 460, 464 (7th Cir.1971).

Wen Xing Gao v. United States Board of Immigration Appeals

193 F. App'x 10 · Court of Appeals for the Second Circuit · Aug 7, 2006

Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83 , 89 (2d Cir.2001) (internal citations omitted). … See Jian Yun Zheng v. U.S. Dep’t of Justice, 409 F.3d 43, 45-47 (2d Cir.2005).

William J. Burns International Detective Agency, Inc. v. National Labor Relations Board

441 F.2d 911 · Court of Appeals for the Second Circuit · Apr 26, 1971

The Board has a large measure of discretion in making unit determinations. See Packard Motor Car Co. v. NLRB, 330 U.S. 485, 491 , 67 S.Ct. 789 , 91 L.Ed. 1040 (1947); Continental Insurance Co. v. … Continental Insurance Co. v. NLRB, supra at 729. We cannot say that the Board lacked such justification in this case.

National Labor Relations Board v. Biscuit and Cracker Workers Local Union No. 405, A.F.L.

222 F.2d 573 · Court of Appeals for the Second Circuit · May 18, 1955

Universal Camera Corp. v. N. L. R. B., 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 ; Packard Motor Car Co. v. N. L. R. B., 330 U.S. 485 , 67 S.Ct. 789 , 91 L.Ed. 1040 . … Radio Officers’ Union v. N. L. R. B., 347 U.S. 17, 40-42 , 74 S.Ct. 323 , 98 L.Ed. 455 .