Case law

Intl Assn Mchnts 64 v. NLRB

Court of Appeals for the D.C. Circuit · Dec 12, 1997

("the Board") alleg- ing bad faith bargaining by Brown & Sharpe Manufacturing Co. … The Board ruled that in order to show fraudulent concealment, IAM had to show an affirmative act of conceal- ment. See Brown & Sharpe Mfg. Co., 321 N.L.R.B. at 924 (citing Richards v. Mileski, 662 F.2d 65, 70 (D.C.

Food Store Employees Union, Local 347 v. National Labor Relations Board

422 F.2d 685 · Court of Appeals for the D.C. Circuit · Jun 3, 1969

In exercising this judgment the Board owed no deference to its trial examiner. Cf. Universal Camera Corp. v. NLRB, 340 U.S. 474, 494-496 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951); Oil, Chemical & Atomic Workers v. … Workers v. NLRB, 111 U.S.App.D.C. 383 , 389, 298 F.2d 297 , 303 (1961) cert. denied, Gulf Bottlers Inc. v. NLRB, 369 U.S. 843 , 82 S.Ct. 875 , 7 L.Ed.2d 847 , (1962); see also NLRB 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.

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).

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.

Ozburn-Hessey Logistics, LLC v. National Labor Relations Board

689 F. App'x 639 · Court of Appeals for the D.C. Circuit · Dec 30, 2016

See Wright Line, 251 N.L.R.B. 1083 , 1089 (1980); see also Chevron Mining, Inc. v. NLRB, 684 F.3d 1318, 1326-28 (D.C. Cir. 2012). … See Fort Dearborn Co. v. NLRB, 827 F.3d 1067, 1072 (D.C. Cir. 2016).

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.

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.”

W. W. Chambers Company, Inc. v. National Labor Relations Board

279 F.2d 817 · Court of Appeals for the D.C. Circuit · Jun 16, 1960

Chambers Co., Inc. asks us to set aside, and the National Labor Relations Board asks us to enforce, an order of the Board. … The Board has jurisdiction because the Company’s undertaking business is “within the District of Columbia”. 29 U.S.C.A. § 152 (6).

Inner City Press v. Board of Governors of Federal Reserve System

130 F.3d 1088 · Court of Appeals for the D.C. Circuit · Dec 12, 1997

See, e.g., Syno- vus Financial Corp. v. Board of Governors, 952 F.2d 426, 432 (D.C. … See United Food and Commercial Workers Union Local 751 v. Brown Group, Inc., 116 S.

Fox River Neighborhood Ass'n v. Surface Transportation Board

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

JUDGMENT This petition for review was considered on the record from the Surface Transportation Board (STB) and on the briefs of counsel. … See Birt v. Surface Transportation Board, 90 F.3d 580, 588-89 (D.C.Cir.1996).

United Steelworkers of America, Afl-Cio v. National Labor Relations Board

386 F.2d 981 · Court of Appeals for the D.C. Circuit · Oct 24, 1967

NLRB v. Greater New York Broadcasting Corp., 147 F.2d 337, 338 (2d Cir. 1945); NLRB v. Standard Oil Corp., 138 F.2d 885, 889 (2d Cir. 1943) (per L. Hand, J.). … Universal Camera Corp. v. NLRB, 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 .

Children's Hospital & Research Center of Oakland, Inc. v. National Labor Relations Board

793 F.3d 56 · Court of Appeals for the D.C. Circuit · Jul 7, 2015

See United Steelworkers of Am. v. … .”); Exxel/Atmos, Inc. v. NLRB, 28 F.3d 1243, 1249 (D.C. Cir. 1994) (“It is up to the Board, not the courts, to make labor policy.”).

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.

Investment Company Institute v. Board of Governors of the Federal Reserve System

551 F.2d 1270 · Court of Appeals for the D.C. Circuit · Jan 14, 1977

See Brief for Respondent Board of Governors at 46 n. 17, National Courier Ass’n v. Board of Governors, 170 U.S.App.D.C. 301 , 516 F.2d 1229 (1975). … Agents v. Board of Governors, supra, 160 U.S.App.D.C. at 145-146 , 489 F.2d at 1270-71 . See also Alabama Ass’n of Ins. Agents v.

National Airlines, Inc. v. Civil Aeronautics Board, Greater Baltimore Committee, Intervenor

300 F.2d 711 · Court of Appeals for the D.C. Circuit · Feb 8, 1962

Civil Aeronautics Board, 89 U.S.App.D.C. 365, 369-370 , 192 F.2d 417 , 421-422 (1951); Delta Airlines v. Civil Aeronautics Board, 247 F.2d 327, 331-332 (5th Cir. 1957). See also National Labor Relations Board v. … Civil Aeronautics Board, 254 F.2d 905, 914-915 , 78 A.L.R.2d 1135 (8th Cir. 1958), and cases cited therein. Cf. Law v. National Labor Relations Board, 192 F,2d 236 (10th Cir. 1951); Montgomery Ward & Co. v.

Hyman v. Helvering

71 F.2d 342 · Court of Appeals for the D.C. Circuit · May 7, 1934

In reaching our conclusion, we have examined the cases of Hill v. Commissioner (C. C. A. 4) 66 F.(2d) 45 ; Commissioner v. Brown (C. C. A. 7) 69 F.(2id) 602, decided March 22, 1984; Robinson v. Commissioner (C. C. … As to those after 1926, the Board having decided such payments were in the peculiar facts shown capital transactions, the court sustained the Board on the ground there was substantial evidence on which the Board’s decision

Andrew Hofer v. Alan K. Campbell, Chairman, U. S. Civil Service Commission

581 F.2d 975 · Court of Appeals for the D.C. Circuit · Aug 18, 1978

In Richardson v. … . § 1981 , and the Fifth Amendment (emphasis added),” this court held, citing Brown v.

Humiston v. Voorhees

23 F.2d 765 · Court of Appeals for the D.C. Circuit · Dec 5, 1927

On appeal, the decision of the board was affirmed. … Lindmark v. Hodgkinson, 31 App. D. C. 612; Kirby v. Clements, 44 App. D. C. 12; Brown v. Tomlinson, 49 App. D. C. 310, 265 F. 460 ; Scott v. Longtin, 52 App. D. C. 102, 281 F. 606 ; In re Levy, 55 App. D.

COX v. McCULLOCH

315 F.2d 48 · Court of Appeals for the D.C. Circuit · Mar 19, 1963

Brown, as Members of the National Labor Relations Board, Appellees. No. 16868. United States Court of Appeals District of Columbia Circuit. Argued Oct. 15, 1962. … Union v. Brown, 9 Cir., 284 F.2d 619 (1960). cert. denied, 366 U.S. 934 , 81 S.Ct. 1659 , 6 L.Ed.2d 846 (1961); Atlas Life Insurance Company v. Leedom, 109 U.S.App.D.C. 97 , 284 F.2d 231 (1960); Leedom v.