Case law

National Labor Relations Board v. Biscayne Television Corporation

289 F.2d 338 · Court of Appeals for the Fifth Circuit · Apr 21, 1961

But to effectuate this the Board does it in a roundabout way. If first imposed the order requiring reinstatement with an award of back pay. … B. v. American Steel Building Co., 5 Cir., 1960, 278 F.2d 480 . It is obvious from the Board’s decision and what we have briefly stated that further proceedings before the Board are essential.

National Labor Relations Board v. Fuchs Baking Co.

207 F.2d 737 · Court of Appeals for the Fifth Circuit · Nov 4, 1953

B. v. Arthur Winer, Inc., 7 Cir., 194 F.2d 370, 372 ; N. L. R. B. v. Stratford Furniture Corp., 5 Cir., 202 F.2d 884, 886-887 . … Universal Camera Corp. v. N. L. R. B., 340 U.S. 474, 487 , 71 S.Ct. 456 , 95 L.Ed. 456 ; Rubin Bros. Footwear, Inc., v. N. L. R. B., 5 Cir., 203 F.2d 486 . Enforcement of the Board’s order is therefore Denied. 1 .

National Labor Relations Board v. Allis-Chalmers Corporation

601 F.2d 870 · Court of Appeals for the Fifth Circuit · Aug 30, 1979

In NLRB v. Amoco Chemicals Corp., 529 F.2d 427 (5 Cir. 1976), this court, facing a similar situation, remanded to the Board for a more complete evidentiary determination. … See NLRB v. Katz, 369 U.S. 736 , 82 S.Ct. 1107 , 8 L.Ed.2d 230 (1962); NLRB v. J. P. Stevens & Co., 538 F.2d 1152 (5 Cir. 1976).

Pillowtex Corp. v. National Labor Relations Board

615 F.2d 917 · Court of Appeals for the Fifth Circuit · Apr 11, 1980

615 F.2d 917 Pillowtex Corp. v. National Labor Relations Board * No. 79-2033 United States Court of Appeals, Fifth Circuit 4/11/80 1 N.L.R.B. ENFORCED * Local Rule 21 case; see NLRB v.

National Labor Relations Board v. Cosco Products Company

280 F.2d 905 · Court of Appeals for the Fifth Circuit · Jun 30, 1960

B. v. Ingram, 5 Cir., 273 F.2d 670 ; N. L. R. B. v. Fox Mfg. Co., 5 Cir., 238 F.2d 211, 212 ; N. L. R. B. v. McGahey, supra; N. L. R. B. v. Ray Smith Transit Co., 5 Cir., 193 F.2d 142 ; N. L. R. B. v. … B. v. Ingram, 5 Cir., 273 F.2d 670 . This court, in N. L. R. B. v.

Algie v. Surratt v. National Labor Relations Board

463 F.2d 378 · Court of Appeals for the Fifth Circuit · Jun 20, 1972

COLEMAN, Circuit Judge: In our opinion the disposition of this appeal is controlled by the principles enunciated in Templeton v. Dixie Color Printing Company, 5 Cir., 1971, 444 F.2d 1064 . … petition under the authority of this Court’s decision in Templeton v.

Kathleen Russo, Wife Of/and Herbert L. Gay v. Barge 266 and Brown & Root U.S.A., Inc.

915 F.2d 1007 · Court of Appeals for the Fifth Circuit · Oct 30, 1990

On the morning of November 11, Reese and Kemp drove from the Brown & Root yard to the mooring of Barge 266. They noticed a two-by-twelve board on the ground near the barge. … Kemp told the crew to use the two-by-twelve board as a gangway to get the pumps onto the barge, even though cherry pickers and proper gangways were available at the Brown & Root yard a mile away.

W. C. Nabors, D/B/A W. C. Nabors Company v. National Labor Relations Board

323 F.2d 686 · Court of Appeals for the Fifth Circuit · Oct 3, 1963

B. v. … We will not challenge the Board’s determination as to the credibility of Brown’s testimony that he did make the trip to Lufkin.

Texas Industries, Inc. v. National Labor Relations Board

336 F.2d 128 · Court of Appeals for the Fifth Circuit · Sep 2, 1964

B. v. American National Ins. … B. v. Adhesive Products Corp., 2 Cir., 1958, 258 F.2d 403 . The Board amended its rules to conform with the Adhesive Products decision, and the rules as modified were upheld in N. L. R. B. v. Vapor Blast Mfg.

United States v. Choctaw County Board of Education

417 F.2d 838 · Court of Appeals for the Fifth Circuit · Jun 26, 1969

Third, in determining whether the Board met the “commands” in Brown, 11 “it is relevant that the first step did not come until some 11 years after Brown I and 10 years after Brown II directed the making of a ‘prompt and reasonable … Raney v. Board of Education, 1968, 391 U.S. 443 , 88 S.Ct. 1697 , 20 L.Ed.2d 727 and Monroe v. Board of Commissioners, 1968, 391 U.S. 450 , 88 S.Ct. 1700 , 20 L.Ed.2d 733 , 735 are companion cases. . Brown v.

Dynasteel Corp. v. National Labor Relations Board

476 F.3d 253 · Court of Appeals for the Fifth Circuit · Jan 16, 2007

Asarco, Inc., v. NLRB, 86 F.3d 1401, 1406 (5th Cir. 1996). III. … “It falls within the Board’s discretion to determine, within reason, what scope of discretion qualifies.” NLRB v. Kent. River Cmty. Care, Inc., 532 U.S. 706, 713 (2001).

O'Dwyer v. Board of Commissioners

309 F. App'x 836 · Court of Appeals for the Fifth Circuit · Feb 6, 2009

(“O’Dwyer”) appeal the district court’s grant of Rule 12(c) judgment on the pleadings in favor of Defendant-Appel- • lee Board of Commissioners of the Port of New Orleans (“the Port”). … Elvis Presley Enters., Inc. v. Capece, 141 F.3d 188 , 206 (5th Cir.1998) (citing Valley Ranch Dev. Co. v. FDIC, 960 F.2d 550, 554 (5th Cir.1992); Flannery v.

National Labor Relations Board v. Overland Hauling, Inc.

461 F.2d 944 · Court of Appeals for the Fifth Circuit · Jun 12, 1972

Packard Motor Car Co. v. N.L.R.B., 330 U.S. 485 , 67 S.Ct. 789 , 91 L.Ed. 1040 (1947). On judicial review, the Board’s determination will not be overturned lightly. N.L.R.B. v. … The Board’s determination must be arbitrary or capricious to be set aside. Spartans Industries, Inc. v. N.L.R.B., 406 F.2d 1002 (5th Cir. 1969).

National Labor Relations Board v. Florida Steel Corporation

586 F.2d 436 · Court of Appeals for the Fifth Circuit · Dec 15, 1978

In Clothing Workers, Midwest Regional Joint Board v. N. L. R. … B. v. Brown, 380 U.S. 278, 291 , 85 S. Ct. 980 , 13 L.Ed.2d 839 (1964).” Furthermore, as stated in N. L. R. B. v.

Mexia Textile Mills v. National Labor Relations Board

110 F.2d 565 · Court of Appeals for the Fifth Circuit · Mar 1, 1940

This is a petition to review an order of the National Labor Relations Board. … It is sufficient to say there is enough substantial evidence in the record to support the Board’s conclusions. On the authority of National Labor Relations Board v. Waterman S. S.

National Labor Relations Board v. U.S.A. Polymer Corp.

272 F.3d 289 · Court of Appeals for the Fifth Circuit · Nov 6, 2001

the changed conditions, as illustrated by Chromalloy v. … See also Bandag, Inc. v. NLRB, 583 F. 2d 765 (5th Cir. 1978).

Armstrong v. Texas State Board of Barber Examiners

30 F.3d 643 · Court of Appeals for the Fifth Circuit · Sep 2, 1994

Louie ARMSTRONG, Plaintiff-Appellee, v. TEXAS STATE BOARD OF BARBER EXAMINERS, et al., Defendants, William E. … In Phillips v.

Amoco Production Company v. National Labor Relations Board

613 F.2d 107 · Court of Appeals for the Fifth Circuit · Mar 7, 1980

NLRB v. Commercial Letter, Inc., 8 Cir. 1974, 496 F.2d 35, 39 . This factual determination is for the Board to make initially. … In NLRB v. Harris-Woodson Co., 179 F.2d 720 (4th Cir. 1950), and Continental Oil Co. v.

Delek Refining, Ltd. v. National Labor Relations Board

668 F. App'x 594 · Court of Appeals for the Fifth Circuit · Sep 6, 2016

Accordingly, judgment is to be entered enforcing the 13 November 2015 order of the National Labor Relations Board. Pursuant to 5th Cir.

Ollie L. Cornist v. Richland Parish School Board

448 F.2d 594 · Court of Appeals for the Fifth Circuit · Sep 17, 1971

The Supreme Court said in the landmark decision Monroe v. … See to the same effect McNeese v. Board of Ed. for Com. Unit Sch. Dist. 187, 373 U.S. 668, 671 , 83 S.Ct. 1433, 1435 , 10 L.Ed.2d 622 (1963) ; Damico v.