Case law

Equal Employment Opportunity Commission v. Board of Supervisors

559 F.3d 270 · Court of Appeals for the Fifth Circuit · Feb 9, 2009

Its argument relies principally on Kimel v. Florida Board of Regents, where the Supreme Court examined the validity of the ADEA’s purported abrogation of the States’ sovereign immunity. 528 U.S. 62 (2000). … Sys., 288 F.3d 296, 300–01 (7th Cir. 2002) (holding that sovereign immunity does not bar the EEOC’s lawsuit under the ADEA against the board of regents of a state university system); EEOC v. Ky. Ret. Sys., 16 F.

National Labor Relations Board v. Mooney Aircraft, Inc.

337 F.2d 605 · Court of Appeals for the Fifth Circuit · Oct 21, 1964

The critical issue of discriminatory motivation was essentially a ■factual controversy requiring credibility ■choices left to the Board. As in prior •cases, we find the evidence sufficient. … B. v. Mooney Aircraft, Inc., 5 Cir., 1964, 328 F.2d 426 ; Mooney Aircraft, Inc., 132 NLRB 1194 , enforced, N. L. R. B. v. Mooney Aircraft, Inc., 5 Cir., 1962, 310 F.2d 565 . Enforced.

National Labor Relations Board v. Benner Glass Company

514 F.2d 641 · Court of Appeals for the Fifth Circuit · Jun 16, 1975

N.L.R.B. v. Golden Age Beverage Co., 5 Cir. 1969, 415 F.2d 26, 30 . The Company, relying on N.L.R.B. v. … The Company’s argument is foreclosed by our recent decision in N.L.R.B. v. Con-Pac, Inc., 5 Cir. 1975, 509 F.2d 270 , in which Judge Ainsworth, as the Court’s organ, speaking to this precise point said: In N.L.R.B. v.

McWhirter Taylor v. Monroe County Board of Supervisors

394 F.2d 333 · Court of Appeals for the Fifth Circuit · May 1, 1968

It was accordingly prayed, in addition to a prayer for general relief, that the Board of Supervisors be manda-torily enjoined to provide for an “at large” election of the members of the Board [the second option] and that … By reason of the decision in Avery v.

Lee v. Marengo County Board of Education

588 F.2d 1134 · Court of Appeals for the Fifth Circuit · Feb 5, 1979

See also Raney v. Board of Education of Gould School District, 391 U.S. 443 , 88 S.Ct. 1697 , 20 L.Ed.2d 727 (1968); Monroe v. … Sweeny Independent School District, 5 Cir., 1977, 554 F.2d 1353 ; Lemon v. Bossier Parish School Board, 5 Cir., 1971, 446 F.2d 911 ; Singleton v.

National Labor Relations Board v. Patterson Menhaden Corporation

389 F.2d 701 · Court of Appeals for the Fifth Circuit · Feb 2, 1968

389 F.2d 701 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PATTERSON MENHADEN CORPORATION, d/b/a Gallant Man, and Fletcher Miller, Agent, Surprise, Inc., d/b/a Surprise, and Fletcher Miller, Agent, Respondents. … N.L.R.B. v. W.L.

National Labor Relations Board v. Texas Industries, Inc.

426 F.2d 812 · Court of Appeals for the Fifth Circuit · May 14, 1970

PER CURIAM: Pursuant to Section 10(e) of the National Labor Relations Act as amended ( 61 Stat. 136 , 73 Stat. 519 , 29 U.S.C., Sec. 151 , et seq.), the petitioner (Board) seeks enforcement of its February 19, 1969 decision … Accordingly, we direct that the Board’s order be Enforced. 1 . Reported at 174 NLRB No. 83 . 2 . International Union of Operating Engineers, Local 819, AFL-CIO.

National Labor Relations Board v. Bibb Mfg. Co.

188 F.2d 825 · Court of Appeals for the Fifth Circuit · May 26, 1951

N.L.R.B. v. Port Gibson Veneer & Box Co., 5 Cir., 167 F.2d 144, 145 ; N.L.R.B. v. Gate City Cotton Mills, 5 Cir., 167 F.2d 647, 648 ; N.L.R.B. v American Furnace Co., 7 Cir., 158 F.2d 376 ; N.L.R.B. v. … It therefore follows that the findings and order of the Board to the effect that they are entitled to reinstatement and back pay may not be sustained. N.L.R.B. v.

Jeremiah Blackwell, Jr. v. Issaquena County Board of Education

363 F.2d 749 · Court of Appeals for the Fifth Circuit · Jul 21, 1966

In Dennis v. … In West Virginia State Bd. of Educ. v.

National Labor Relations Board v. McEver Engineering, Inc.

784 F.2d 634 · Court of Appeals for the Fifth Circuit · Mar 10, 1986

Brown & Root, Inc. v. NLRB, 634 F.2d 816 (5th Cir.1981). Here the alleged protected activity is the right to engage in a work stoppage as a means of protesting an unsafe working condition. … In addition, we note that the facts in this case are in all significant respects identical to those of NLRB v. Service Machine & Shipbuilding Corp., 662 F.2d 1125 (5th Cir.1981) and Brown <& Root, Inc. v.

National Labor Relations Board v. Southeastern Stages, Inc.

423 F.2d 878 · Court of Appeals for the Fifth Circuit · Mar 2, 1970

We think this rule adopted by the Board is appropriate to accomplish the Act’s purpose with fairness to all concerned.” Wallace Corp. v. N.L.R.B., 323 U.S. 248, 254-255 , 65 S.Ct. 238, 241 , 89 L.Ed. 216, 226-227 . … N.L.R.B. v. Bangor Plastics, Inc., 6th Cir. 1957, 392 F.2d 772 ; N.L.R.B. v. Dressmakers Joint Council, etc., 2d Cir. 1965, 342 F.2d 988 ; Lincoln Bearing Co. v. N.L.R.B., 6th Cir. 1962, 311 F.2d 48 ; N.L.R.B. v.

Anchor Hocking v. Alton Box Board Co.

756 F.2d 411 · Court of Appeals for the Fifth Circuit · Apr 4, 1985

In Nichols v. … As in Pillsbury Co. v.

Brown v. Seaboard Coast Line Railroad Co

559 F.2d 29 · Court of Appeals for the Fifth Circuit · Aug 25, 1977

559 F.2d 29 Brown v. Seaboard Coast Line Railroad Co. No. 75-3884 United States Court of Appeals, Fifth Circuit 8/25/77 S.D.Ga., 554 F.2d 1299

United States v. Desoto Parish School Board

420 F.2d 380 · Court of Appeals for the Fifth Circuit · Jan 14, 1970

The judgment of the District Court is reversed and the cause remanded for further proceedings in conformity with the decision of this Court in Singleton v. … Court in Carter v.

National Labor Relations Board v. Allis-Chalmers Corporation

563 F.2d 674 · Court of Appeals for the Fifth Circuit · Nov 18, 1977

Substantial evidence in the record supports the Board’s findings and compels this Court to accept the Board’s conclusion that Section 8(a)(1) violations have been established. See Universal Camera Corp. v. … Sweeney & Co. v. N.L.R.B., 437 F.2d 1127, 1135-36 (5th Cir. 1971); N.L.R.B. v. Builders Supply Co. of Houston, 410 F.2d 606, 611 (5th Cir. 1969). The Board’s order is Modified, and as Modified, ENFORCED.

National Labor Relations Board v. Houston Maritime Ass'n

337 F.2d 333 · Court of Appeals for the Fifth Circuit · Sep 29, 1964

Local 357, International Board of Teamsters, etc. v. National Labor Relations Board, supra, n. 1. . Local 357, International Board of Teamsters, etc. v. … National Labor Relations Board, supra, n. 1; National Labor Relations Board v. News Syndicate Co., supra n. 1; Local 1351, Steamship Clerks & Checkers, etc. v. N. L. R.

Waterman S. S. Corp. v. National Labor Relations Board

119 F.2d 760 · Court of Appeals for the Fifth Circuit · Jun 2, 1941

Pursuant to the mandate of the Supreme Court, National Labor Relations Board v. Waterman S. S. … Agwilines, Inc. v. National Labor Relations Board, 5 Cir., 87 F.2d 146, 147 . The Board alone may enforce its order. Amalgamated Utility Workers v.

Alliance for Fair Board Recruitment v. SEC

Court of Appeals for the Fifth Circuit · Oct 18, 2023

SEC v. … at 2608 (summarizing FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 126–27 (2000); Ala. Ass’n of Realtors, 141 S. Ct. at 2488-90; and Util. Air. Regul. Grp., 573 U.S. at 324).

Lord & Taylor v. National Labor Relations Board

703 F.2d 163 · Court of Appeals for the Fifth Circuit · Apr 18, 1983

See, e.g., NLRB v. Moore Business Forms, Inc., 574 F.2d 835 (5th Cir.1978); Florida Steel Corp. v. NLRB, 529 F.2d 1225 (5th Cir. 1976); NLRB v. I.V. Sutphin Co.-Atlanta, Inc., 373 F.2d 890 (5th Cir.1967). … It is the province of management to manage, and the Board is not entitled to second guess a response to insubordination. Berry Schools v. NLRB, 627 F.2d 692 (5th Cir.1980).

United States v. Brown

Court of Appeals for the Fifth Circuit · Nov 14, 2023

United States v. Teijeiro, 79 F.4th 387, 393 (5th Cir. 2023) (internal quotation marks, brackets, and citation omitted). … Brown’s mental status was evaluated by a prison psychologist.