Case law

Tic-The Industrial Company Southeast, Inc. v. National Labor Relations Board

126 F.3d 334 · Court of Appeals for the D.C. Circuit · Oct 7, 1997

Evidence of Anti-Union Discrimination Board findings must be respected on review if supported by substantial evidence on the record considered as a whole. 29 U.S.C. § 160 (e) (1994); Laro Maintenance Corp. v. … Galloway Co. v. NLRB, 856 F.2d 275, 280 (D.C.Cir.1988).

Southeastern Aviation, Inc. v. Civil Aeronautics Board

283 F.2d 189 · Court of Appeals for the D.C. Circuit · Oct 17, 1960

Civil Aeronautics Board, 1952, 90 U.S.App.D.C. 330 , 197 F.2d 384 ; see American Trucking Ass'ns v. United States, 1957, 355 U.S. 141 , 78 S.Ct. 165 , 2 L.Ed.2d 158 ; United States v. … Since Southeast was fairly on notice that Southern was in a competitive position for the Tennessee route, the Board could properly certify Southern. Civil Aeronautics Board v.

TCI Cablevision of Montana, Inc. v. National Labor Relations Board

53 F. App'x 119 · Court of Appeals for the D.C. Circuit · Dec 12, 2002

NLRB v. Burnup & Sims, Inc., 379 U.S. 21, 23 , 85 S.Ct. 171 , 13 L.Ed.2d 1 (1964). The Board has held that the employer has the burden of showing an “honest belief that the employee has engaged in serious misconduct.” … , Inc. v.

Local 814, International Brotherhood of Teamsters v. National Labor Relations Board

546 F.2d 989 · Court of Appeals for the D.C. Circuit · Sep 17, 1976

Having clarified the basis for its different results the Board has fully complied with this court’s remand mandate. Local 814, Teamsters v. NLRB, supra, 512 F.2d at 567; see NLRB v. … Petitioner further argues that the Board’s Supplemental Decision should be rejected as mere post hoc rationalization. In Citizens to Preserve Overton Park, Inc. v.

Dallas General Drivers, Warehousemen & Helpers v. National Labor Relations Board

500 F.2d 768 · Court of Appeals for the D.C. Circuit · Apr 17, 1974

, and Helpers, Local 745 v. … See, e. g., Garment Workers v. NLRB, 150 U.S.App.D.C. 71 . 83, 463 F.2d 907 , 919 (1972). . NLRB v. Katz, 369 U.S. 736, 743 , 82 S.Ct. 1107 , 8 L.Ed.2d 230 (1962). . See NLRB v.

Avante at Boca Raton, Inc. v. National Labor Relations Board

54 F. App'x 502 · Court of Appeals for the D.C. Circuit · Nov 5, 2002

JUDGMENT This appeal was considered on the record compiled before the National Labor Relations Board and on the briefs of the parties. … It is ORDERED AND ADJUDGED that the petition for review be DENIED for the reasons stated in the Board’s opinions in Avante at Boca Raton, Inc., 323 NLRB 555 (1997), and Avante at Boca Raton, Inc., 334 NLRB No. 56 (2001).

Dayton Typographical Union No. 57 v. National Labor Relations Board

326 F.2d 634 · Court of Appeals for the D.C. Circuit · Nov 14, 1963

The Board adopted the finding. True, in National Labor Relations Board v. … Mastro Plastics Corp. v. National Labor Relations Board, supra.

World Airways, Inc. v. Civil Aeronautics Board, City of Oakland, California Board of Port Commissioners, Intervenors

547 F.2d 695 · Court of Appeals for the D.C. Circuit · Dec 8, 1976

Consequently, rigid constraints on the Board’s ability to consider applications on their merits are generally disfavored. See, e. g., Civil Aeronautics Board v. … See, e. g., Saturn Airways, Inc. v. CAB, 157 U.S. App.D.C. 281, 483 F.2d 1284 (1973); Pan American World Airways, Inc. v.

Sales Drivers, Helpers & Building Construction Drivers v. National Labor Relations Board

229 F.2d 514 · Court of Appeals for the D.C. Circuit · Dec 8, 1955

These were not the only factors considered by the Board in its decision recently upheld in N. L. R. B. v. Associated Musicians of Greater New York, Local 802, 2 Cir., 1955, 226 F.2d 900 . … B. v. Service Trade Chauffeurs, 2 Cir., 191 F.2d 65 ; N. L. R. B. v. Local Union No. 55, 10 Cir., 218 F.2d 226 . . 61 Stat. 151 (1947), 29 U.S.C. § 163 (1952), 29 U.S.C.A. § 163 .

National Ass'n of Letter Carriers v. National Labor Relations Board

281 F.3d 235 · Court of Appeals for the D.C. Circuit · Feb 26, 2002

Hence, the Board’s remedial discretion is “subject only to limited judicial review.” Sure-Tan, Inc. v. NLRB, 467 U.S. 883, 898-99 , 104 S.Ct. 2803 , 2812- *238 13, 81 L.Ed.2d 732 (1984). … The Union also argues that the Board here imposed a penalty in the guise of a remedy, something clearly beyond its authority. See Int’l Bhd. of Elec. Workers v.

Lee Lumber And Building Material Corp. v. National Labor Relations Board

117 F.3d 1454 · Court of Appeals for the D.C. Circuit · Jul 8, 1997

Ass'n v. DOT, 105 F.3d 702, 705 (D.C.Cir.1997) (citing NLRB v. … But see NLRB v.

White Motor Sales v. National Labor Relations Board

486 F. App'x 130 · Court of Appeals for the D.C. Circuit · May 11, 2012

The Board, however, has “broad discretion to assess the propriety and results of representation elections.” AOTOP, LLC v. NLRB, 331 F.3d 100 , 103 (D.C.Cir.2003) (internal quotation marks omitted). … (quoting Swing Staging, Inc. v. NLRB, 994 F.2d 859, 862 (D.C.Cir.1993)); see 29 C.F.R. § 102.69 (d).

Lincoln Savings and Loan Association v. Federal Home Loan Bank Board

856 F.2d 1558 · Court of Appeals for the D.C. Circuit · Sep 23, 1988

Judge *1560 Gerhard Gesell rejected both claims, awarding summary judgment to the Board. Lincoln Savings & Loan Ass’n v. Federal Home Loan Bank Board, 670 F.Supp. 449 (D.D.C.1987) (“Memorandum”). … E.g., Free v. Bland, 369 U.S. 663 , 82 S.Ct. 1089 , 8 L.Ed.2d 180 (1962).

Musical Arts Ass'n v. National Labor Relations Board

466 F. App'x 7 · Court of Appeals for the D.C. Circuit · May 17, 2012

NLRB v. Nat’l Truck Rental Co., 239 F.2d 422, 425 (D.C.Cir.1956); see also 29 U.S.C. § 159 (a). … Edison Co. v. NLRB, 460 U.S. 693, 705, 708 , 103 S.Ct. 1467 , 75 L.Ed.2d 387 (1983) (emphasis added); see also Plumbers & Pipefitters Local Union No. 520 v. NLRB, 955 F.2d 744, 751 (D.C.Cir.1992).

Novartis Nutrition Corp. v. National Labor Relations Board

23 F. App'x 1 · Court of Appeals for the D.C. Circuit · Oct 9, 2001

NLRB, 216 F.3d 92, 99 (D.C.Cir.2000), such that the Board’s interpretation of the facts is reasonably defensible. See Harter Tomato Prod. Co. v. … The Board found the company’s explanation of the discharge was pretextual. We find no basis for overturning the Board’s determination of the company’s motive. See Laro Maintenance Corp. v.

Noll v. Board of Parole for Government of District of Columbia

191 F.2d 653 · Court of Appeals for the D.C. Circuit · Jun 28, 1951

The petition to compel removal of the warrant lodged by the District of Columbia Board of Parole against appellant was properly dismissed. Affirmed. 1 . Zerbst v. … Kidwell, 1938, 304 U.S. 359, 361-362 , 58 S.Ct. 872 , 82 L.Ed. 1399 ; Anderson v. Corall, 1923, 263 U.S. 193, 196-197 , 44 S.Ct. 43 , 68 L.Ed. 247 ; Washington’ v.

Richardson v. Wiley

569 F.2d 140 · Court of Appeals for the D.C. Circuit · Dec 22, 1977

Brown v. GSA, 425 U.S. 820, 835 , 96 S.Ct. 1961, 1969 , 48 L.Ed.2d 402 (1976). … See Brown v. GSA, supra, at 833-34, 96 S.Ct. 1961 . On May 7, 1975 Richardson received the April 25, 1975 decision which was prominently titled “Notice of Final Decision of Agency.”

Mi Pueblo Foods v. National Labor Relations Board

453 F. App'x 1 · Court of Appeals for the D.C. Circuit · Dec 27, 2011

The Board “need only select an appropriate unit, not the most appropriate unit.” Cleveland Const., Inc. v. NLRB, 44 F.3d 1010, 1013 (D.C.Cir.1995) (emphasis added). … The Court will uphold a bargaining-unit determination so long as the Board’s conclusions are “consistent with its precedent” and its factual findings are “supported by substantial evidence.” RC Aluminum Indus. v.

Sheet Metal Workers' International Ass'n v. National Labor Relations Board

989 F.2d 515 · Court of Appeals for the D.C. Circuit · Apr 6, 1993

See LTV Electrosystems, Inc. v. NLRB, 408 F.2d 1122, 1127 (4th Cir. 1969); United States v. International Longshoremen’s Ass’n, 337 F.Supp. 381 (S.D.N.Y.1971); United States v. … The Board’s findings are conclusive if they are supported by substantial evidence and we give “substantial deference to inferences drawn from the facts.” Avecor, Inc. v.

Brusco Tug & Barge, Inc. v. National Labor Relations Board

696 F. App'x 519 · Court of Appeals for the D.C. Circuit · Aug 15, 2017

.’ ” Alois Box Co. v. … Co. v. NLRB, 854 F.3d 55, 65 (D.C. Cir. 2017).