Case law

University of Great Falls v. National Labor Relations Board

278 F.3d 1335 · Court of Appeals for the D.C. Circuit · Feb 12, 2002

See Adams v. Commissioner of Internal Revenue, 170 F.3d 173 (3d Cir.1999); Alamo v. Clay, 137 F.3d 1366 (D.C.Cir.1998). … Inc. v.

Baylor University Medical Center v. National Labor Relations Board

578 F.2d 351 · Court of Appeals for the D.C. Circuit · Feb 14, 1978

Moreover, this distinction is difficult of application at best and indeed has been rejected by the Board in a similar context as ‘specious.’ ”). . NLRB v. … NLRB v. Universal Camera Corp., 190 F.2d 429, 432 (2d Cir. 1951) (Frank, J„ concurring); Winter, Judicial Review of Agency Decisions: The Labor Board and the Court, 1968 Sup.Ct.Rev. 53-69. . Brooks v.

Robert B. Jiggetts v. Atlantic Coast Line Railroad Company, a Virginia Corporation

239 F.2d 69 · Court of Appeals for the D.C. Circuit · Nov 29, 1956

Browne v. Raleigh & G. R. Co., 1891, 108 N.C. 34 , 12 S.E. 958, 963 . … That the rule there announced is equally applicable to one attempting to board a moving train is shown by the Browne ease, and was expressly stated in Morrow v. Atlanta & C. Air Line Ry.

Western Coal Traffic League v. Surface Transportation Board

264 F. App'x 7 · Court of Appeals for the D.C. Circuit · Feb 1, 2008

JUDGMENT This cause was considered on a petition for review of an order of the Surface Transportation Board (“STB” or “Board”) and was briefed and argued by counsel. … of the Board; or (3) change an action of the Board.

Aurora Packing Company v. National Labor Relations Board

904 F.2d 73 · Court of Appeals for the D.C. Circuit · Jun 12, 1990

In NLRB v. … See, e.g., NLRB v.

District Unemployment Compensation Board v. Wm. Hahn & Co., Inc.

399 F.2d 987 · Court of Appeals for the D.C. Circuit · Jul 23, 1968

The Board’s mistake would not have occurred if the Board had followed the procedures outlined in the statute. … Woodward & Lothrop v. District of Columbia Unemp. Comp. Bd., 129 U.S.App.D.C. -, 392 F.2d 479 (1968).

Marion Hospital Corp. v. National Labor Relations Board

321 F.3d 1178 · Court of Appeals for the D.C. Circuit · Mar 14, 2003

MHC contends that, in finding the disputed ULPs, the Board misapplied the legal standard enunciated in Allentown Mack Sales & Serv. v. … Scepter, Inc. v. NLRB, 280 F.3d 1053, 1056 (D.C.Cir.2002).

Endicott Interconnect Technologies, Inc. v. National Labor Relations Board

453 F.3d 532 · Court of Appeals for the D.C. Circuit · Jul 14, 2006

In a two-to-one decision issued August 27, 2005 the Board upheld the finding of violation under NLRB v. … Servs., Inc. v. NLRB, 317 F.3d 316, 320 (D.C.Cir. 2003) (quoting Tradesmen Int’l, Inc. v. NLRB, 275 F.3d 1137, 1141 (D.C.Cir.2002)) (alterations in original).

Board of County Commissioners v. Federal Housing Finance Agency

754 F.3d 1025 · Court of Appeals for the D.C. Circuit · Jun 13, 2014

Paul v. … See Delaware Cnty. v. FHFA, 747 F.3d 215 (3d Cir. 2014); Hennepin Cnty. v. Fed. Nat’l Mortg. Ass’n, 742 F.3d 818 (8th Cir. 2014); DeKalb Cnty. v. FHFA, 741 F.3d 795 (7th Cir. 2013); Cnty. of Oakland v.

Wilkes-Barre Hospital Co., LLC v. National Labor Relations Board

857 F.3d 364 · Court of Appeals for the D.C. Circuit · May 19, 2017

Relevant to this case, we previously suggested that “a properly constituted Board” could ratify the decisions of an improperly constituted Board. See Laurel Baye Healthcare of Lake Lanier, Inc. v. … Federal courts, not the Board, are the primary source of authority in interpreting collective bargaining agreements. Litton Fin. Printing Div. v. NLRB, 501 U.S. 190, 202–03 (1991); Enloe Med. Ctr. v.

Air Transport Association of America v. Civil Aeronautics Board

732 F.2d 219 · Court of Appeals for the D.C. Circuit · Apr 20, 1984

Federal Power Comm’n v. New England Power Co., 415 U.S. 345 , 94 S.Ct. 1151 , 39 L.Ed.2d 383 (1974); National Cable Television Ass’n v. … See also Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1031 (D.C.Cir.1978); Action for *225 Children’s Television v.

Mohave Electric Cooperative, Inc. v. National Labor Relations Board

206 F.3d 1183 · Court of Appeals for the D.C. Circuit · Mar 28, 2000

Board Thomas J. … Because the Board has "broad discretion" in fashioning remedial orders, ABF Freight Sys., Inc. v.

Continental Air Lines, Inc. v. Civil Aeronautics Board

551 F.2d 1293 · Court of Appeals for the D.C. Circuit · Feb 1, 1977

V. … SEC v. Chenery Corp., 318 U.S. 80, 95 , 63 S.Ct. 454 , 87 L.Ed. 626 (1943). Burlington Truck Lines v. U.

Garlock Equipment Company v. National Labor Relations Board

709 F.2d 722 · Court of Appeals for the D.C. Circuit · Jun 7, 1983

NLRB v. … Although NLRB v. Winburn Tile Mfg.

United States ex rel. Girard Trust Co. v. Helvering

85 F.2d 230 · Court of Appeals for the D.C. Circuit · May 18, 1936

Undoubtedly, as we think, the decision of the court and the finding of the Board made mandatory the duty of the Commissioner to make the refund. Blair v. United States, 55 App.D.C. 359 , 6 F.(2d) 484 ; James v. … Brown. Anderson v. Wilson, 289 U.S. 20, 26, 27 , 53 S.Ct. 417 , 77 L.Ed. 1004 , and Wynne v.

Gilbert v. National Labor Relations Board

56 F.3d 1438 · Court of Appeals for the D.C. Circuit · Aug 16, 1995

Corp. v. … Group v. FERC, 732 F.2d 202, 211 (D.C.Cir.1984)); see also West Coast Media, Inc. v.

Union Manufacturing Company v. National Labor Relations Board

221 F.2d 532 · Court of Appeals for the D.C. Circuit · May 9, 1955

B. v. Mackay Radio, 304 U.S. 333 [ 58 S.Ct. 904 , 82 L.Ed. 1381 ]). … Unemployment Compensation Comm. v. Aragon, 1946, 329 U.S. 143 , 67 S.Ct. 245 , 91 L.Ed. 136 , and cases there cited; Brooks v.

Laborers' District Council v. National Labor Relations Board

501 F.2d 868 · Court of Appeals for the D.C. Circuit · Jul 19, 1974

F. of L. v. NLRB, 308 U.S. 401, 410 , 60 S.Ct. 300, 304 , 84 L.Ed. 347 (1940). The Board has been entrusted with complete control of election proceedings. Excelsior Laundry v. NLRB, 409 F.2d 70 (10th Cir. 1968). … There is a broad presumption in favor of the remedy chosen by the Board. Phelps Dodge Corp. v. NLRB, 313 U.S. 177 , 61 S.Ct. 845 , 85 L.Ed. 845 (1941); NLRB v. Rutter Rex Mfg.

Deferiet Paper Co. v. National Labor Relations Board

235 F.3d 581 · Court of Appeals for the D.C. Circuit · Dec 29, 2000

Deferiet tells us that this precedent, which the Board invoked here, conflicts with a dictum in NLRB v. … In determining whether a unit is appropriate, the Board exercises wide discretion. Packard Motor Car Co. v. NLRB, 330 U.S. 485, 491 (1947).

B B & L, Inc. v. National Labor Relations Board

52 F.3d 366 · Court of Appeals for the D.C. Circuit · Apr 25, 1995

We will uphold the Board’s exercise of discretion unless its action is unreasonable, arbitrary or unsupported by the evidence. NLRB v. Mar Salle, Inc., 425 F.2d 566, 569 (D.C.Cir.1970); NLRB v. … Workers v. NLRB, 604 F.2d 689 , 695 (D.C.Cir.1979). Nevertheless, the Board cannot ignore its own relevant precedent but must explain why it is not controlling. Cleveland Constr. Co. v.