Case law

Rail-Term Corp. v. Railroad Retirement Board

666 F. App'x 1 · Court of Appeals for the D.C. Circuit · Aug 3, 2016

Duchek v. National Transportation Safety Board

364 F.3d 311 · Court of Appeals for the D.C. Circuit · Apr 20, 2004

Administrator v. Duchek, NTSB Order No. EA-5040 (May 23, 2003), at 4–5 (Board Order). … Thomas Jefferson Univ. v. Shalala, 512 U.S. 504, 512 (1994) (citing, inter alia, Udall v. Tallman, 380 U.S. 1, 16 (1965)).

Santos v. Merit Systems Protection Board

21 F. App'x 5 · Court of Appeals for the D.C. Circuit · Sep 12, 2001

United Steelworkers v. National Labor Relations Board

401 F.2d 434 · Court of Appeals for the D.C. Circuit · Sep 3, 1968

The Board was plainly justified in finding no unfair labor practice; this was a small matter resulting from “circumstances which the Board could or should accept as excusing or justifying unilateral action.” NLRB v. … E. g., NLRB v. Southland Cork Co., supra. The Company, on the other hand, urges that the Board should have tolled the back-pay provisions until the date of its order.

Ceridian Corp. v. National Labor Relations Board

435 F.3d 352 · Court of Appeals for the D.C. Circuit · Jan 27, 2006

Cassell v. FCC, 154 F.3d 478, 483 (D.C. Cir. 1998); see Boca Airport, Inc. v. FAA, 389 F.3d 185, 190 (D.C. Cir. 2004); U.S. Telecom Ass’n v. FCC, 295 F.3d 1326, 1332 (D.C. Cir. 2002); Global Crossing Telecomms., Inc. v. … ITT Indus., Inc. v. NLRB, 251 F.3d 995, 999 (D.C. Cir. 2001) (quoting Lechmere, Inc. v. NLRB, 502 U.S. 527, 536 (1992) (citing Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842-43 (1984))).

National Airlines, Inc. v. Civil Aeronautics Board

392 F.2d 504 · Court of Appeals for the D.C. Circuit · Feb 29, 1968

Delta Air Lines v. Civil Aeronautics Board, 97 U.S.App.D.C. 46 , 228 F.2d 17 (1955); cf. Pan American-Grace Airways v. … Delta Air Lines v. Civil Aeronautics Board, 97 U.S.App.D.C. 46 , 50, 228 F.2d 17 , 21 (1955). . Delta Air Lines v.

Washington Board of Trade v. McLaughlin

267 F.2d 633 · Court of Appeals for the D.C. Circuit · Mar 12, 1959

This suit was brought in the District Court by various employers within the District of Columbia (1) to declare invalid an agreement made between the District of Columbia Unemployment Compensation Board and the Secretary … See, e. g., Eecles v. Peoples Bank, 1948, 333 U.S. 426 , 68 S.Ct. 641 , 92 L.Ed. 784 ; State of California v. Latimer, 1938, 305 U.S. 255 , 59 S.Ct. 166 , 83 L.Ed. 159 .

Local 808 v. National Mediation Board

888 F.2d 1428 · Court of Appeals for the D.C. Circuit · Feb 23, 1990

R.R. v. … Ry. v.

Schaeff Incorporated v. National Labor Relations Board

113 F.3d 264 · Court of Appeals for the D.C. Circuit · May 27, 1997

We reject the Board’s factual findings only if they are not supported by substantial evidence in the record as a whole. See Universal Camera Corp. v. … Schaeff and the Board dispute the impact of the United States Supreme Court’s decision in Office of Workers' Compensation v.

San Francisco Local Joint Executive Board of Culinary Workers v. National Labor Relations Board

501 F.2d 794 · Court of Appeals for the D.C. Circuit · Jun 21, 1974

Though Congress has vested in the Board “the fullest jurisdictional breadth constitutionally permissible under the Commerce Clause,” NLRB v. … The Board similarly misplaces reliance on Local No. 5, United Ass’n of Journeymen etc. of Plumbing etc. Industry v.

American Airlines, Inc. v. Civil Aeronautics Board

365 F.2d 939 · Court of Appeals for the D.C. Circuit · Jul 19, 1966

was to be left to the Board; and second, that this court’s decision in American Airlines, Inc., et al. v. … See United States v. International Union United Auto, etc., Workers, 352 U.S. 567, 585 (1950); Nicholas v. Denver & R. G. W. R. Co., 195 F.2d 428 (10th Cir. 1952); Duplex Printing Press Co. v.

Timsco Inc. v. National Labor Relations Board

819 F.2d 1173 · Court of Appeals for the D.C. Circuit · Jun 2, 1987

See NLRB v. A.J. Tower Co., 329 U.S. 324, 330 , 67 S.Ct. 324, 327 , 91 L.Ed. 322 (1946) (citing Southern S.S. Co. v. NLRB, 316 U.S. 31, 37 , 62 S.Ct. 886, 889 , 86 L.Ed. 1246 (1942); NLRB v. Waterman S.S. … NLRB v. Knogo Corp., 727 F.2d 55, 58 (2d Cir.1984).

Hughes Air Corp. v. Civil Aeronautics Board

492 F.2d 567 · Court of Appeals for the D.C. Circuit · Dec 5, 1973

See, e. g., American Airlines, Inc. v. … Board procedures for approval of this type of agreement were the subject of our decision in Air Line Pilots Ass’n v. CAB, supra, page 571. .

Indiana Boxcar Corporation v. Railroad Retirement Board

712 F.3d 590 · Court of Appeals for the D.C. Circuit · Apr 9, 2013

See FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009). … Until now, the Board used the definition of “common control” found in Union Pacific, a Federal Circuit case. Union Pacific Corp. v. United States, 5 F.3d 523 (Fed.

Blackmon-Malloy v. United States Capitol Police Board

575 F.3d 699 · Court of Appeals for the D.C. Circuit · Jul 31, 2009

For example, in Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147 (1984), which appellants cite, the Supreme Court explicitly notes this holding in Zipes. Id. at 152 n.6. … The Police Board relies on the general rule that, absent exceptional circumstances, this court will not entertain arguments not made in the district court, see, e.g., Meijer, Inc. v.

Van Dyke v. National Transportation Safety Board

286 F.3d 594 · Court of Appeals for the D.C. Circuit · Apr 23, 2002

Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)), taking "into account whatever in the record fairly detracts from its weight" (Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 (1951)). See Lindsay v. Nat'l Transp. … If there is no substantial evidence to support the Board's reasoning - and there is none here - its order must be vacated. See SEC v.

Adam J. Bertamini v. Railroad Retirement Board

440 F.2d 278 · Court of Appeals for the D.C. Circuit · Feb 23, 1971

For similar statements regarding the scope of judicial review of decisions of the Board, see Gloss v. Railroad Retirement Board, 114 U.S.App.D.C. 177 , 313 F.2d 568 (1962) ; Aldridge v. … Compare Duncan v. Railroad Retirement Board, 4 Cir., 375 F.2d 915 (1967) ; Gardner v. Earnest, 4 Cir., 371 F.2d 606 (1967). 5 .

BNSF Railway Co. v. Surface Transportation Board

741 F.3d 163 · Court of Appeals for the D.C. Circuit · Jan 31, 2014

Co. v. STB, 526 F.3d 770, 776-77 (D.C.Cir.2008). … Co. v. STB, 604 F.3d 602, 604 (D.C.Cir.2010) ('WFA I).

Consolidated Communications, Inc. v. National Labor Relations Board

837 F.3d 1 · Court of Appeals for the D.C. Circuit · Sep 13, 2016

v. … See Midwest Regional Joint Board v. NLRB, 564 F.2d 434 , 440 (D.C.

Elizabeth MacKenzie v. D.C. Unemployment Compensation Board

393 F.2d 659 · Court of Appeals for the D.C. Circuit · Apr 16, 1968

This dismissal was affirmed by the Board and the District Court. … See Gregory v. United States, 102 Ct.Cl. 642, 662-64 , 57 F.Supp. 962, 973 (1944); Conner v. Miller, 154 Ohio St. 313 , 96 N.E.2d 13 (1950).