Case law

Hurt v. D.C. Parole Board

204 F. App'x 903 · Court of Appeals for the D.C. Circuit · Nov 8, 2006

Kentucky v. Graham, 473 U.S. 159, 166 , 105 S.Ct. 3099 , 87 L.Ed.2d 114 (1985). Such a claim must allege that the agency’s policy or custom played a role in the violation of federal law. See Monell v. Department of Soc. … Parole Board’s policy or custom.

Dean Transportation, Inc. v. National Labor Relations Board

551 F.3d 1055 · Court of Appeals for the D.C. Circuit · Jan 9, 2009

(quoting Golden State Bottling Co., Inc. v. NLRB, 414 U.S. 168, 184 (1973)); see Pennsylvania Transformer Tech., Inc. v. NLRB, 254 F.3d 217, 222 (D.C. Cir. 2001); CitiSteel USA, Inc. v. NLRB, 53 F.3d 350, 353 (D.C. … Corp., Inc. v. NLRB, 508 F.3d 28, 33 (D.C. Cir. 2007) (quoting American Postal Workers Union v. NLRB, 370 F.3d 25, 28 (D.C. Cir. 2004)); cf. id.

Reno Hilton Resorts v. National Labor Relations Board

196 F.3d 1275 · Court of Appeals for the D.C. Circuit · Dec 3, 1999

Cir. 1997), or unless the Board "acted arbitrari- ly or otherwise erred in applying established law to the facts." Allegheny Ludlum Corp. v. NLRB, 104 F.3d 1354, 1358 (D.C. … Corp. v. NLRB, 56 F.3d 224, 229 (D.C. Cir. 1995), and "accept[s] the ALJ's credibility determinations that are adopted by the Board 'unless they are patently unsupport- able.' " Schaeff Inc. v.

G.W. Galloway Company v. National Labor Relations Board

856 F.2d 275 · Court of Appeals for the D.C. Circuit · Sep 9, 1988

In NLRB v. … Co. v.

Lake Central Airlines, Inc. v. Civil Aeronautics Board

239 F.2d 46 · Court of Appeals for the D.C. Circuit · Nov 8, 1956

239 F.2d 46 LAKE CENTRAL AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Intervenor, North Central Airlines, Inc., Intervenor, City of Kalamazoo, Michigan, Intervenor. … Co. v.

Fred Meyer Stores, Inc. v. National Labor Relations Board

865 F.3d 630 · Court of Appeals for the D.C. Circuit · Aug 1, 2017

Englehart, Supervisory Attorney.  2 Before: BROWN, Circuit Judge, and SENTELLE and RANDOLPH, Senior Circuit Judges. Opinion for the Court filed by BROWN, Circuit Judge. … Co. v. NLRB, 857 F.3d 877, 881–82 (D.C. Cir. 2017). The Board totally ignores facts in the record and misconstrues the findings of the ALJ. See Reno Hilton Resorts v. NLRB, 196 F.3d 1275, 1282 (D.C.

Riffin v. Surface Transportation Board

331 F. App'x 751 · Court of Appeals for the D.C. Circuit · Apr 22, 2009

Gorman v. NTSB, 558 F.3d 580, 586 (D.C.Cir.2009) (internal quotation marks and brackets omitted); see Clifton Power Corp. v. … Nor is it of any moment that Riffin’s petition to reopen has by now been denied by the Board. Sec Clifton Power Corp., 294 F.3d at 112 ; TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (per curiam).

James C. Robinson v. National Transportation Safety Board

28 F.3d 210 · Court of Appeals for the D.C. Circuit · Aug 22, 1994

Thus, the only “live” issue before the court is whether the Board’s revocation was lawful. Cf. Doe v. Sullivan, 938 F.2d 1370, 1375 (D.C.Cir.1991). … While the Board’s order could properly rest on circumstantial evidence, see Sorenson v. National Transp.

Cleveland Construction, Inc. v. National Labor Relations Board

44 F.3d 1010 · Court of Appeals for the D.C. Circuit · Jan 24, 1995

Synergy Gas Corp v. N.L.R.B., 19 F.3d 649, 651 (D.C.Cir.1994). A bargaining unit determination will not stand if arbitrary and without substantial evidence. International Bhd. of Elec. Workers, Local 171 v. … The Board’s opinion in this ease, however, is completely silent on the relationship between Deklewa and Dezcon. The agency is not free to ignore its precedent without explanation. Michigan Consol. Gas Co. v.

BP Amoco Corp. v. National Labor Relations Board

217 F.3d 869 · Court of Appeals for the D.C. Circuit · Jul 11, 2000

Seid, Attorney, National Labor Relations Board, were on brief for the respondents. Anne M. Lofaso, Attorney, entered an appearance. Patrick M. Flynn entered an appearance for the interve- nors. Daniel V. … Printing Div. v. NLRB, 501 U.S. 190 (1991)).

Douglas Foods Corp. v. National Labor Relations Board

251 F.3d 1056 · Court of Appeals for the D.C. Circuit · Jun 12, 2001

its weight,' " Schaeff, Inc. v. … NLRB v.

Joseph R. Berger v. Board of Psychologist Examiners

521 F.2d 1056 · Court of Appeals for the D.C. Circuit · Oct 28, 1975

In Taylor v. … Berger v. Board of Psychologist Examiners, 313 A.2d 602, 607 (D.C.App. 1973). 4 . Berger v. Board of Psychologist Examiners, 313 A.2d 602, 604 (D.C.App.1973). 5 . Fulton Waterworks v.

Shamrock Foods Co. v. National Labor Relations Board

346 F.3d 1130 · Court of Appeals for the D.C. Circuit · Oct 21, 2003

for Enforcement of an Order of the National Labor Relations Board Scott V. … The ALJ and the Board analyzed D’Anella’s discharge utilizing the framework approved by the Supreme Court in NLRB v. Burnup & Sims, 379 U.S. 21 (1964).

Kenneth P. Prill v. National Labor Relations Board

835 F.2d 1481 · Court of Appeals for the D.C. Circuit · Dec 31, 1987

On petition for review of that order, in Prill v. NLRB, 755 F,2d 941 (D.C.Cir.1985) (“Prill I"), we remanded to the Board for further consideration. … The Board also explained why it does not believe that there would be a chilling effect on other workers if Prill were not reinstated. In NLRB v.

Truserv Corp. v. National Labor Relations Board

254 F.3d 1105 · Court of Appeals for the D.C. Circuit · Jul 6, 2001

The Board distinguished NLRB v. … We remand this issue for consideration by the Board. See Grondorf, Field, Black & Co. v. NLRB, 107 F.3d 882, 888 (D.C. Cir. 1997); Manhattan Eye, Ear & Throat Hospital v.

Monmouth Care Center v. National Labor Relations Board

672 F.3d 1085 · Court of Appeals for the D.C. Circuit · Mar 9, 2012

On April 27, 2009, a two-member panel of the Board affirmed the ALJ’s decision. Monmouth Care Ctr., 354 N.L.R.B. No. 2 (Board Op. I). After the Supreme Court held in New Process Steel, L.P. v. NLRB, 130 S. … evidence,” Teamsters Local Union No. 175 v.

Detroit Newspaper Agency v. National Labor Relations Board

435 F.3d 302 · Court of Appeals for the D.C. Circuit · Jan 20, 2006

furnishes, including the body of evidence opposed to the Board’s view.’ ” Epilepsy Found, of NE Ohio v. … We made clear in Epilepsy Foundation of Northeast Ohio v.

Rex H. Reed v. National Labor Relations Board

927 F.2d 1249 · Court of Appeals for the D.C. Circuit · Mar 15, 1991

See also Getman v. NLRB, 450 F.2d 670, 680 (D.C.Cir.1971) (Excelsior lists “do not in any direct sense reveal anything about the Board’s operations”). Cf. Ray v. U.S. … Grand Lodge v.

Union Pacific Railroad v. Surface Transportation Board

62 F. App'x 354 · Court of Appeals for the D.C. Circuit · Apr 30, 2003

This cause came to be heard on the record compiled before the Surface Transportation Board and was briefed and argued by counsel. … It is hereby ORDERED AND ADJUDGED that the petitions be denied for the reasons stated in the Board’s decisions.

Delta Air Lines, Inc. v. Civil Aeronautics Board

280 F.2d 636 · Court of Appeals for the D.C. Circuit · Jun 2, 1961

Transcontinental & Western Air v. Civil Aeronautics Board, 1949, 336 U.S. 601 , 69 S.Ct. 756 , 93 L.Ed. 911 . 3 . Summerfield v. … Transcontinental & Western Air v. Civil Aeronautics Board, supra, 336 U.S. at page 606 , 69 S.Ct. at page 758 . 5 . Summerfield v.