Case law

LB&B Associates, Inc. v. National Labor Relations Board

232 F. App'x 270 · Court of Appeals for the Fourth Circuit · May 11, 2007

If the Board believes the Company's stated reason for the termination is pretextual, then the employer's defense fails. USF Red Star, Inc. v. … NLRB v. Fleetwood Trailer Co., 389 U.S. 375, 378 (1967).

National Labor Relations Board v. Alpha Associates

195 F. App'x 138 · Court of Appeals for the Fourth Circuit · Aug 18, 2006

See NLRB v. Burns Int’l Sec. Servs., Inc., 406 U.S. 272, 278-81 (1972). The charge was withdrawn when Alpha advised the Board that it had “elected to recognize and bargain with [UNITE].” … to the facts, see WXGI, Inc. v.

Moore v. Bonner

695 F.2d 799 · Court of Appeals for the Fourth Circuit · Dec 13, 1982

Moore v. Bonner, 526 F.Supp. 143 (D.S.C. 1981). . U.S, Const, art. IV., § 1. . See Anderson v. Babb, 632 F.2d 300 , 306 n. 3 (4th Cir.1980); James v. Board of Education, 461 F.2d 566 (2d Cir.1972); Mitchell v. … See Earle v. Aycock, S.C., 279 S.E.2d 614 (1981). . See Allen v. MeCurry, supra; Patsy v. Board of Regents of the State of Florida,--U.S. -, 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982).

Amr v. Virginia State University

352 F. App'x 845 · Court of Appeals for the Fourth Circuit · Nov 16, 2009

Because our decision in that appeal has issued, Amr v. Virginia State Univ., 331 Fed.Appx. 194 (4th Cir.2009) (unpublished), this appeal is now moot. See Incumaa v.

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Newport News Shipbuilding and Dry Dock Company

676 F.2d 110 · Court of Appeals for the Fourth Circuit · Apr 13, 1982

Corp. of Baltimore v. … See Maryland Shipbuilding & Drydock Co. v. Director, OWCP, 618 F.2d 1082 (4th Cir. 1980). The Board, however, erroneously uses this “liberal construction” theory to re-weigh the evidence.

Hernandez v. Caldwell

Court of Appeals for the Fourth Circuit · Aug 28, 2000

See Brown v. Angelone, 150 F.3d 370, 372-73 (4th Cir. 1998). In Brown we recog- nized that Congress intended no such retroactive effect. … See Brown, 150 F.3d at 375; Taylor, 186 F.3d at 560; United States v. Pregent, 190 F.3d 279, 284 (4th Cir. 1999).

Luis Ayala-Osegueda v. Merrick Garland

92 F.4th 220 · Court of Appeals for the Fourth Circuit · Feb 1, 2024

First, petitioners have not exhausted their claims, as these arguments were not presented to the Board below. See Tepas v. Garland, 73 F.4th 208, 213 (4th Cir. 2023); Hernandez-Portillo v. … Chen v.

Sinai Hospital of Baltimore, Inc. v. National Benefit Fund for Hospital & Health Care Employees

697 F.2d 562 · Court of Appeals for the Fourth Circuit · Dec 15, 1982

The appellant Hospitals and the Union in the Baltimore area are represented on the Board of Trustees. … Brown, 528 F.2d 69 (9th Cir.1975); Miniard v. Lewis, 387 F.2d 864 , 865 n. 5 (D.C.Cir.1967), cer t. denied, 393 U.S. 873 , 89 S.Ct. 166 , 21 L.Ed.2d 144 (1968); Talarico v.

The Solveig

103 F. 322 · Court of Appeals for the Fourth Circuit · Jul 9, 1900

The testimony of the master shows that the cargo was taken on board under the supervision of Ellis, the supercargo appointed by Knowlton, the time charterer, and that he had nothing to do with it, except so far as the safety … In The Aeronaut (D. 0.) 36 Fed. 497 , Judge Brown says: “But upon personal dealings witli the general owners, or with the charterers who are the owners pro hac vice, for supplies to he furnished within the sam *325 port or

Rosa Ortez-Cruz v. William Barr

951 F.3d 190 · Court of Appeals for the Fourth Circuit · Feb 26, 2020

Tchemkou v. … See Gonzalez-Medina v.

Hall v. Welch

185 F.2d 525 · Court of Appeals for the Fourth Circuit · Dec 7, 1950

Bragg v. Huff, supra, and cases there cited. … Zerbst v. Kidwell, 304 U.S. 359 , 58 S.Ct. 872 , 82 L.Ed. 1399 . The decision in Commonwealth v.

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Newport News Shipbuilding and Dry Dock Company v. Jackie H. Harcum

8 F.3d 175 · Court of Appeals for the Fourth Circuit · Oct 29, 1993

We review the Board's decision for errors of law and to ascertain whether the Board adhered to its statutorily-mandated standard for reviewing the ALJ's factual findings. Newport News Shipbuilding & Dry Dock Co. v. … Tann, 841 F.2d 540, 543 (4th Cir.1988). 17 The Board's adjudicatory interpretation of the LHWCA is entitled to no special deference because the Board serves no policy-making role. See Zapata Haynie Corp. v.

East Coast Cedar Co. v. People's Bank of Buffalo

111 F. 446 · Court of Appeals for the Fourth Circuit · Nov 5, 1901

Brown........................................................01» 1.000 The answers of M. IT. Brown and of the Phoenix National Bank admit this statement of the interests of the several owners. … See, also, Forgay v. Conrad, 6 How. 201 , 12 L. Ed. 404 . So, in Stovall v. Banks, 10 Wall. 583 , 19 L.

Virginian Ry. Co. v. Chambers

46 F.2d 20 · Court of Appeals for the Fourth Circuit · Dec 19, 1930

Co. v. U. S. R. R. Labor Board et al., 261 U. S. 72 , 43 S. Ct. 278 , 67 L. Ed. 536 ; Penn. R. R. System et al. v. Penn. R. R. Co., 267 U. S. 203 , 45 S. Ct. 307 , 69 L. Ed. 574 ; Texas & New Orleans R. R. Co. et al. v. … Compare Hoey v. New Orleans Great Northern R. R. Co., 159 La. 258 , 105 So. 310 , 47 A. L. R. 832, and St. Louis B. & M. Ry. Co. v. Booker (Tex. Civ. App.) 5 S.W.(2d) 856 .

Evans v. Charlotte-Mecklenburg Board of Education

133 F. App'x 894 · Court of Appeals for the Fourth Circuit · Jun 14, 2005

WOODS; MOLLY GRIFFIN; LEE KINDBERG, DR., individually and as board members; JAMES L. PUGHSLEY, DR., individually and as superintendent; LOUIS H. … Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)).

Raymond Lee v. The Boeing Company, Incorporated Director, Office of Workers' Compensation Programs, United States Department of Labor

123 F.3d 801 · Court of Appeals for the Fourth Circuit · Sep 5, 1997

Two other courts of appeals have similarly held that courts of appeals do not have jurisdiction to hear the initial judicial review of Board decisions in DBA cases. In Home Indem. Co. v. … In Pearce v.

Juliette Grimmett v. Nancy Freeman

59 F.4th 689 · Court of Appeals for the Fourth Circuit · Feb 8, 2023

See Frese v. … Williams-Yulee v.

Second Nat. Bank of Parkersburg v. United States Fidelity & Guaranty Co.

266 F. 489 · Court of Appeals for the Fourth Circuit · Apr 30, 1920

v. … In the case of Bray v.

Joseph Henry Clark v. Warden Maryland Penitentiary

293 F.2d 479 · Court of Appeals for the Fourth Circuit · Jul 26, 1961

Brown v. … “As was stated in Brown v.

Powell v. Gray

114 F.2d 752 · Court of Appeals for the Fourth Circuit · Sep 26, 1940

Bituminous Coal Producers Board for District No. 8, a district board of code members created under Sec. 4, Part 1(a) of the Act, 15 U.S.C.A. § 832 (a), has intervened in support of the order of the Director. … Justice Douglas in Sunshine Anthracite Coal Co. v.