Coastal Sunbelt Produce

24 Cited authorities

Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,658 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 357 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Aliotta v. National R.R. Passenger Corp.
315 F.3d 756 (7th Cir. 2003) Cited 123 times
Holding opposing party statements are not “always” “free from the requirements of Rule 701(c), Rule 702, and Daubert”
Grandison v. U.S.
495 U.S. 934 (1990) Cited 53 times
No. 89-6673. May 14, 1990. C.A. 4TH Cir. Certiorari denied. Reported below: 885 F.2d 143.
N.L.R.B. v. McCullough Environmental Serv
5 F.3d 923 (5th Cir. 1993) Cited 98 times
Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat
Precision Piping v. E. I. du Pont de Nemours
951 F.2d 613 (4th Cir. 1991) Cited 42 times
Holding that, under West Virginia law, the plaintiff must show intentional interference by a party outside the business relationship
Hendrix Manufacturing Company v. N.L.R.B
321 F.2d 100 (5th Cir. 1963) Cited 90 times
Permitting the Board to consider the employer's clear expression of opposition to the union as background in order to determine motivation for management's conduct
S F Market St. Healthcare LLC v. N.L.R.B
570 F.3d 354 (D.C. Cir. 2009) Cited 10 times
No. 07-1439, 07-1502. Argued November 17, 2008. Decided June 30, 2009. John H. Douglas argued the cause and filed the briefs for petitioner. Amy H. Ginn, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Jill A. Griffin, Supervisory Attorney. Meredith L. Jason and Jason Walta, Attorneys, entered appearances. Before:
J.P. Stevens Co., Inc. v. N.L.R.B
461 F.2d 490 (4th Cir. 1972) Cited 60 times
Inquiring whether substantial evidence supported a finding that a benefit announcement was timed to "give [employees] cause to infer that the benefit might be withdrawn or future benefits withheld should they select a union to represent them"
N.L.R.B. v. Dorothy Shamrock Coal Co.
833 F.2d 1263 (7th Cir. 1987) Cited 34 times
Stating that "comments demonstrate a `manifest hostility' toward union activity . . . are relevant in determining the Company's motive for its conduct"

Coastal Sunbelt Produce

24 Cited authorities

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Holding opposing party statements are not “always” “free from the requirements of Rule 701(c), Rule 702, and Daubert”

Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat

Holding that, under West Virginia law, the plaintiff must show intentional interference by a party outside the business relationship

Permitting the Board to consider the employer's clear expression of opposition to the union as background in order to determine motivation for management's conduct

Inquiring whether substantial evidence supported a finding that a benefit announcement was timed to "give [employees] cause to infer that the benefit might be withdrawn or future benefits withheld should they select a union to represent them"

Stating that "comments demonstrate a `manifest hostility' toward union activity . . . are relevant in determining the Company's motive for its conduct"