Apogee Retail LLC d/b/a Unique Thrift Store

33 Cited authorities

Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.
463 U.S. 29 (1983) Cited 6,739 times 60 Legal Analyses
Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.
556 U.S. 502 (2009) Cited 1,082 times 21 Legal Analyses
Holding that agencies may not change their policies "sub silentio "
Encino Motorcars, LLC v. Navarro
136 S. Ct. 2117 (2016) Cited 382 times 19 Legal Analyses
Holding that agency needed to provide "a more reasoned explanation for its decision to depart from its existing ... policy" in light of serious and ongoing industry reliance on prior policy when negotiating compensation packages
Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.
437 U.S. 214 (1978) Cited 955 times 4 Legal Analyses
Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”
Nat'l Labor Relations Bd. v. J. Weingarten, Inc.
420 U.S. 251 (1975) Cited 431 times 64 Legal Analyses
Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 321 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 358 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
Detroit Edison Co. v. Nat'l Labor Relations Bd.
440 U.S. 301 (1979) Cited 225 times 20 Legal Analyses
Holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores
Eastex, Inc. v. Nat'l Labor Relations Bd.
437 U.S. 556 (1978) Cited 196 times 13 Legal Analyses
Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 494 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,304 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 157 - Right of employees as to organization, collective bargaining, etc.
29 U.S.C. § 157 Cited 3,294 times 97 Legal Analyses
Granting employees the right to engage in or refrain from engaging in union activity
Rule 615 - Excluding Witnesses from the Courtroom; Preventing an Excluded Witness's Access to Trial Testimony
Fed. R. Evid. 615 Cited 1,388 times 7 Legal Analyses
Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion
Section 1604.11 - Sexual harassment
29 C.F.R. § 1604.11 Cited 954 times 14 Legal Analyses
Holding employers liable for co-worker harassment if "the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action"

Apogee Retail LLC d/b/a Unique Thrift Store

33 Cited authorities

Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

Holding that agencies may not change their policies "sub silentio "

Holding that agency needed to provide "a more reasoned explanation for its decision to depart from its existing ... policy" in light of serious and ongoing industry reliance on prior policy when negotiating compensation packages

Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

Holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Granting employees a wage increase without bargaining with Local 355

Granting employees the right to engage in or refrain from engaging in union activity

Finding that a motion to exclude a witness from the courtroom is generally grantable as of right and on the court's own motion

Holding employers liable for co-worker harassment if "the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action"