Case law

Daniel A. Donovan v. National Labor Relations Board

520 F.2d 1316 · Court of Appeals for the Second Circuit · Jul 25, 1975

The administrative law judge summarized his findings as follows: Union Representative Brown accompanied by striking employees forcibly entered the Employer’s nursing home during the strike; Union Representative Brown accompanied … In NLRB v. M. H. Brown Co., 441 F.2d 839 (2d Cir. 1971), this court’s refusal to enforce a bargaining order was again precipitated by an absence of substantial violations by the employer. See NLRB v.

Yonkers Board Of Education v. United States

893 F.2d 498 · Court of Appeals for the Second Circuit · Jan 8, 1990

Brown, Norma Gluck, Thomas Frey and James McCabe, Sr., in their official capacities as members of the State Board of Regents; The Department of Education of the State of New York; Thomas Sobol, as Commissioner of Education … Columbus Board of Education v. Penick, 443 U.S. 449, 459 , 99 S.Ct. 2941, 2947 , 61 L.Ed.2d 666 (1979).

National Labor Relations Board v. Lundy Manufacturing Corporation

316 F.2d 921 · Court of Appeals for the Second Circuit · Apr 26, 1963

There can be no doubt that, as indeed was squarely held in National Labor Relations Board v. … v.

Outlaw v. City of Hartford

884 F.3d 351 · Court of Appeals for the Second Circuit · Mar 7, 2018

Brown v. City of New York, 798 F.3d 94, 100 10 (2d Cir. 2015) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989) (other internal 11 quotation marks omitted)). … Brown, 520 U.S. 397, 403 (1997) ("We have 14 consistently refused to hold municipalities liable under a theory of respondeat 15 superior."); City of Canton v. Harris, 489 U.S. 378, 392 (1989); Monell v.

McDarby v. Dinkins

907 F.2d 1334 · Court of Appeals for the Second Circuit · Jul 2, 1990

Atencio v. Board of Educ., 658 F.2d 774 , 779-80 (10th Cir.1981); see also United States v. Caceres, 440 U.S. 741, 751-52 , 99 S.Ct. 1465, 1471-72 , 59 L.Ed.2d 733 (1979); Everhart v. Jefferson Parish Hosp. Dist. … Alencio v. Board of Education of Penasco Independent School District, 658 F.2d 774 (10th Cir.1981); Bates v. Sponberg, 547 F.2d 325 (6th Cir.1976). ...

Nifty Foods Corporation v. The Great Atlantic & Pacific Tea Company, Inc. And Pet Incorporated

614 F.2d 832 · Court of Appeals for the Second Circuit · Jan 24, 1980

Nifty placed a large order for “Sunny-field” cartons sometime in July with its carton supplier, The Brown Company (“Brown”). Brown in turn ordered the board for the cartons. … Brown kept the board in inventory (“sat on the board”) for eight or nine weeks before using it to fill other orders. A letter from Brown to Nifty dated October 20, 1969 describes the board as no longer in inventory.

National Weather Service Employees Organization, Branch 1-18 v. Brown

18 F.3d 986 · Court of Appeals for the Second Circuit · Feb 25, 1994

Employees Org., Branch 4-36 v. Brown, No. 93 Civ. 4677 (JSM), 1993 WL 336994 , at *1-2, 1993 U.S. Dist. LEXIS 12014 , at *3-4 (S.D.N.Y. Aug. 27, 1993). DISCUSSION I. … See United States v. Grundhoefer, 916 F.2d 788, 791 (2d Cir.1990) (citing Association of Data Processing Serv. Orgs. v. Camp, 397 U.S. 150, 151-52 , 90 S.Ct. 827, 829 , 25 L.Ed.2d 184 (1970); Simon v. Eastern Ky.

Commercial Controls Corporation v. National Labor Relations Board

258 F.2d 102 · Court of Appeals for the Second Circuit · Apr 28, 1958

A review of the entire record discloses that there was substantial evidence to support the report of the trial examiner and the decision and order of the Board. Universal Camera Corp. v. N. L. R. … We grant enforcement of the Board’s order and deny the petition of the company.

National Labor Relations Board v. Miranda Fuel Co.

326 F.2d 172 · Court of Appeals for the Second Circuit · Dec 11, 1963

B. v. … B. v.

National Credit Union Administration Board v. Goldman, Sachs & Co.

775 F.3d 145 · Court of Appeals for the Second Circuit · Dec 23, 2014

14‐312‐cv National Credit Union Administration Board v.  … Id. § 3. 5  14‐312‐cv National Credit Union Administration Board v. 

National Labor Relations Board v. New Pines, Inc.

468 F.2d 427 · Court of Appeals for the Second Circuit · Oct 4, 1972

In NLRB v. S & H Grossinger’s, Inc., 372 F.2d 26 (2 Cir., 1967), we enforced such an order; in NLRB v. Kutsher’s Hotel & Country Club, Inc., 427 F.2d 200 (2 Cir., 1970), we did not. … See NLRB v. Tamiment, Inc., supra. The Board’s 8(a)(1) order also rested upon an alleged coercive interrogation of a part-time employee by the hotel general manager.

National Labor Relations Board v. Rollins Telecasting, Inc.

494 F.2d 80 · Court of Appeals for the Second Circuit · Apr 16, 1974

Nonetheless, courts have upheld Board findings of implied promises of benefits in situations very similar to this one. In NLRB v. … Meyer v.

Greene County Planning Board v. Federal Power Commission

559 F.2d 1227 · Court of Appeals for the Second Circuit · Jun 30, 1977

In Greene County Planning Board v. … Greene County Planning Board v.

Jenkins v. Brown

412 F. App'x 394 · Court of Appeals for the Second Circuit · Mar 8, 2011

Jenkins v. Brown, No. 09-CV-828 (FB), 2009 WL 2957316, at *5 (E.D.N.Y. Sept. 15, 2009). … Id. at 51-52; see also Brown v. Artuz, 124 F.3d 73, 76-79 (2d Cir. 1997) (summarizing development of right to testify).

New York & Atlantic Railway Co. v. Surface Transportation Board

635 F.3d 66 · Court of Appeals for the Second Circuit · Mar 15, 2011

10-1490 NY Atlantic Railway v. … Island Park, LLC v. CSX Transp., 559 F.3d 96, 102 (2d Cir. 2009).

J.L.M., Inc. v. National Labor Relations Board

31 F.3d 79 · Court of Appeals for the Second Circuit · Aug 3, 1994

See NLRB v. Heads & Threads Co., 724 F.2d 282, 287 (2d Cir.1983). Where the Board’s findings are based on the assessment of witness credibility they are entitled to “particular respect.” NLRB v. … Other circuits have similarly faulted the Board’s analysis of these types of cases. See, e.g., Avecor, Inc. v.

American Airlines, Inc. v. Civil Aeronautics Board

445 F.2d 891 · Court of Appeals for the Second Circuit · Jul 23, 1971

v. … Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 401-04 , 60 S.Ct. 907 , 84 L.Ed. 1263 (1940); United States v. Utah Construction & Mining Co., 384 U.S. 394, 421-22 , 86 S.Ct. 1545 , 16 L.Ed.2d 642 (1966); Safir v.

M.D., Mr. & Mrs. D v. Southington Board of Education

334 F.3d 217 · Court of Appeals for the Second Circuit · Jun 30, 2003

Goodman v. Lukens Steel Co., 482 U.S. 656, 660, 107 S.Ct. 2617 , 96 L.Ed.2d 572 (1987); see also Wilson, 471 U.S. at 266-68 , 105 S.Ct. 1938 ; Board of Regents v. … In Morse v.

National Labor Relations Board v. Cosmopolitan Studios, Inc.

291 F.2d 110 · Court of Appeals for the Second Circuit · Jun 9, 1961

B. v. Pool Mfg. Co., 1950, 339 U.S. 577 , 70 S.Ct. 830 , 94 L.Ed. 1077 ; N. L. R. B. v. Todd Co., Inc., 2 Cir., 1949, 173 F.2d 705 . That is all right in the usual case. … B. v. Charles R. Krimm Lumber Co., 2 Cir., 1953, 203 F.2d 194 ; N. L. R. B. v. Pyne Molding Corp., 2 Cir., 1955, 226 F.2d 818 .

National Labor Relations Board v. Hudson Berlind Corporation

494 F.2d 1200 · Court of Appeals for the Second Circuit · Apr 5, 1974

N.L.R.B. v. Burke Oldsmobile, Inc., 288 F.2d 14, 16 (2d Cir. 1961). We, therefore, cannot set aside the Board’s finding on this issue. … Empire State Sugar Co. v. N.L.R.B., supra. The Board was also correct in finding that the presence of a union-security clause in the agreement violated §§ 8(a)(1) and (a)(3). N.L.R.B. v.