Case law

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  • Frontier Airlines, Inc. v. Civil Aeronautics Board

    439 F.2d 634 · Court of Appeals for the D.C. Circuit · Jan 27, 1971

    In Delta Air Lines, Inc. v. CAB, 107 U.S.App.D.C. 174, 187 , 275 F.2d 632 , 645 (1959), cert. denied, Trans World Airlines, Inc. v. … But, once the Board has fixed upon a central consideration which it regards as conclusive, it need not deal in detail with every other aspect of the matter. Outagamie County v.

    Cited 2 timesPublished
  • 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.

    Cited 31 timesPublished
  • Time Warner Cable v. National Labor Relations Board

    160 F.3d 1 · Court of Appeals for the D.C. Circuit · Nov 6, 1998

    (Time Warner) petitions for review of an order of the National Labor Relations Board (NLRB or Board) concluding that it engaged in an unfair labor practice by refusing to bargain with the Communication Workers of America, … Peoples Gas Sys., Inc. v. NLRB, 629 F.2d 35 , 42 (D.C.Cir.1980). We do not, however," ‘merely rubber stamp NLRB decisions,”’ Davis Mem’l Goodwill Indus. v. NLRB, 108 F.3d 406, 410 (D.C.Cir.1997) (quoting Avecor, Inc. v.

    Cited 17 timesPublished
  • Herbert Harvey, Inc. v. National Labor Relations Board

    385 F.2d 684 · Court of Appeals for the D.C. Circuit · Oct 26, 1967

    The Labor Board also rejected Harvey’s other contentions and ordered an election, which was held and led to the Board’s certification of the union as bargaining representative. … The Bank’s status as an employer was pointedly raised before the Board, but the Board’s decision neither determines nor discusses the question.

    Cited 13 timesPublished
  • Brotherhood of Locomotive Firemen and Enginemen v. National Mediation Board, National Mediation Board v. Brotherhood of Locomotive Engineers

    410 F.2d 1025 · Court of Appeals for the D.C. Circuit · Apr 29, 1969

    Switchmen’s Union of North America v. National Mediation Board, 320 U.S. 297 , 64 S.Ct. 95 , 88 L.Ed. 61 (1943). . Brotherhood of Railway & Steamship Clerks, etc. v. … C. v. National Securities, Inc., 393 U.S. 453, 467-468 , 89 S.Ct. 564 , 21 L.Ed.2d 668 (1969). . See Brotherhood of Railway & Steamship Clerks, etc. v.

    Cited 28 timesPublished
  • Railway Labor Executives' Association v. National Mediation Board

    988 F.2d 133 · Court of Appeals for the D.C. Circuit · Jul 23, 1993

    The Board derives this position from the seminal Leedom v. … NLRB v.

    Vacated by Railway Labor Executives' Ass'n v. National Mediation Board, 996 F.2d 1271 (1993)Cited 11 timesPublished
  • Exxon Chemical Co. v. National Labor Relations Board

    386 F.3d 1160 · Court of Appeals for the D.C. Circuit · Oct 26, 2004

    While the Board’s interpretation of the scope of the parties’ contractual agreement is subject to de novo review, Litton Fin. Printing Div. v. … NLRB v. Strong Roofing & Insulating Co., 393 U.S. 357, 361 (1969). The Board quite reasonably found it significant that the parties were in an end-game situation.

    Cited 13 timesPublished
  • Healthbridge Management, LLC v. National Labor Relations Board

    672 F. App'x 1 · Court of Appeals for the D.C. Circuit · Sep 30, 2016

    See Hilyer v. Howat Concrete Co., 578 F.2d 422 , 426 n.7 (D.C. Cir. 1978). … See CTS Corp. v. EPA, 759 F.3d 52, 64 (D.C. Cir. 2014) (“[HJiding an argument [in a footnote] and then articulating it in only a conclusory fashion results in forfeiture.”).

    Cited 2 timesPublished
  • Fugazy Travel Bureau, Inc. v. Civil Aeronautics Board

    350 F.2d 733 · Court of Appeals for the D.C. Circuit · Oct 5, 1965

    Railway Express Agency, Inc. v. Civil Aeronautics Board, March 18, 1965, 120 U.S.App.D.C. -, 345 F.2d 445 . … Standard Airlines v. Civil Aeronautics Board, 85 U.S.App.D.C. 29 , 177 F.2d 18 (1949).

    Cited 7 timesPublished
  • National Aviation Trades Ass'n v. Civil Aeronautics Board

    420 F.2d 209 · Court of Appeals for the D.C. Circuit · Oct 2, 1969

    Many of the key questions in this action are matters of market definition, and, as the Supreme Court indicated in Brown Shoe Co. v. … Therefore, the Board’s order must be Affirmed. . In Bergen County v.

    Cited 9 timesPublished
  • Richard Pickus v. United States Board of Parole

    543 F.2d 240 · Court of Appeals for the D.C. Circuit · Jun 9, 1976

    Pickus v. United States Board of Parole, 165 U.S.App.D.C. 284 , 507 F.2d 1107 (1974), relying on 5 U.S.C. § 553 (1970). 2 . … See Childs v. U. S. Board of Parole, 167 U.S.App.D.C. 268 , 511 F.2d 1270 (1974). See also Bradford v. Weinstein, 519 F.2d 728 (4th Cir. 1974), vacated as moot 423 U.S. 147 , 96 S.Ct. 347 , 46 L.Ed.2d 350 (1975) .

    Cited 23 timesPublished
  • Davis Supermarkets, Inc. v. National Labor Relations Board

    2 F.3d 1162 · Court of Appeals for the D.C. Circuit · Aug 27, 1993

    NLRB v. … Accordingly, we see no reason to overturn the Board’s decision. Because all the prerequisites for a Gissel bargaining order are satisfied, we uphold the Board’s issuance of such an order. V.

    Cited 35 timesPublished
  • Frazier Industrial Co. v. National Labor Relations Board

    213 F.3d 750 · Court of Appeals for the D.C. Circuit · Jun 9, 2000

    See Synergy Gas Corp. v. NLRB, 19 F.3d 649, 651 (D.C.Cir.1994). The court gives even greater deference to the Board’s determination of questions of motive, see Laro Maintenance Corp. v. … The Board has broad remedial discretion to devise remedies that effectuate the policies of the Act, see ABF Freight System, Inc. v.

    Cited 25 timesPublished
  • Pacific Micronesia Corp. v. National Labor Relations Board

    219 F.3d 661 · Court of Appeals for the D.C. Circuit · Jun 27, 2000

    including the body of evidence opposed to the Board's view." Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 (1951). … NLRB v.

    Cited 10 timesPublished
  • Deming Hospital Corp. v. National Labor Relations Board

    665 F.3d 196 · Court of Appeals for the D.C. Circuit · Dec 20, 2011

    Milakshmi V. Rajapakse, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were John H. … Opinion for the Court filed by Circuit Judge BROWN. BROWN, Circuit Judge: Deming Hospital Corporation operates Mimbres Memorial Hospital (the “Hospital”) in New Mexico.

    Cited 5 timesPublished
  • Unbelievable, Inc. v. National Labor Relations Board

    118 F.3d 795 · Court of Appeals for the D.C. Circuit · Jul 18, 1997

    Workers v. NLRB, we reaffirmed the Board's authority to award attorney's fees in similar circumstances. International Union of Elec., Radio and Mach. Workers v. … NLRB v.

    Cited 4 timesPublished
  • Daikichi Corp. v. National Labor Relations Board

    56 F. App'x 516 · Court of Appeals for the D.C. Circuit · Mar 3, 2003

    Warshawsky & Co. v. NLRB, 182 F.3d 948, 955 (D.C.Cir. 1999); Int’l Union, UAW v. NLRB, 459 F.2d 1329, 1344-45 (D.C.Cir.1972). … Co. v. NLRB, 99 F.3d 413, 423-424 (D.C.Cir. 1996); MECO Corp. v. NLRB, 986 F.2d 1434, 1437-38 (D.C.Cir.1993).

    Cited 2 timesPublished
  • Bally's Park Place, Inc. v. National Labor Relations Board

    646 F.3d 929 · Court of Appeals for the D.C. Circuit · Aug 5, 2011

    Indeed, “the Board is to be reversed only when the record is ‘so compelling that no reasonable factfinder could fail to find’ to the contrary.” Id. (quoting INS v. … Workers v. NLRB, 215 F.3d 11, 15 (D.C. Cir. 2000) (internal quotation marks omitted); see Universal Camera Corp. v.

    Cited 48 timesPublished
  • Alois Box Co. v. National Labor Relations Board

    216 F.3d 69 · Court of Appeals for the D.C. Circuit · Jun 27, 2000

    Corp. v. … The Board properly applied its “rule against relitigation,” Pittsburgh Plate Glass Co. v.

    Cited 13 timesPublished
  • Prime Service, Inc. v. National Labor Relations Board

    266 F.3d 1233 · Court of Appeals for the D.C. Circuit · Oct 12, 2001

    Ctr. v. NLRB, 871 F.2d 137, 145 (D.C. Cir. 1989). … We have held that before the Board issues a bargaining order on the basis of a union majority of authorization cards--a Gissel order, after NLRB v.

    Cited 10 timesPublished

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