ENTERPRISE LEASING COMPANY-SOUTHEAST, LLC

15 Cited authorities

Nat'l Labor Relations Bd. v. Canning
573 U.S. 513 (2014) Cited 268 times 150 Legal Analyses
Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”
New Process Steel v. N.L.R.B.
560 U.S. 674 (2010) Cited 141 times 49 Legal Analyses
Holding that the Board cannot exercise its powers absent a lawfully appointed quorum
Pittsburgh Glass Co. v. Board
313 U.S. 146 (1941) Cited 293 times
In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.
United States v. Cote
51 F.3d 178 (9th Cir. 1995) Cited 177 times 2 Legal Analyses
Holding that the law of the case doctrine only applies "when the issue in question was actually considered and decided"
Exxon Chemical Patents v. Lubrizol Corp.
137 F.3d 1475 (Fed. Cir. 1998) Cited 56 times 1 Legal Analyses
Holding that the scope of the judgment appealed from, limited to literal infringement, did not preclude adjudication of infringement by the doctrine of equivalents
Luckey v. Miller
929 F.2d 618 (11th Cir. 1991) Cited 44 times
Noting that the doctrine “does not bar consideration of matters that could have been, but were not, resolved in earlier proceedings”
Nat'l Labor Relations Bd. v. Enter. Leasing Co.
722 F.3d 609 (4th Cir. 2013) Cited 15 times 8 Legal Analyses
Finding the “pro forma” recess appointments invalid
N.L.R.B. v. Whitesell Corp.
638 F.3d 883 (8th Cir. 2011) Cited 12 times 4 Legal Analyses
Holding that the denial of enforcement on the basis that the Board lacked a proper quorum did not deprive the Board of jurisdiction to consider the case anew
N.L.R.B. v. Domsey Trading Corp.
636 F.3d 33 (2d Cir. 2011) Cited 10 times 4 Legal Analyses
Noting that “the Board enjoys broad discretion in fashioning remedies under the NLRA”
N.L.R.B. v. Whitesell Corp.
385 F. App'x 613 (8th Cir. 2010) Cited 5 times
Denying enforcement
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,046 times 23 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

ENTERPRISE LEASING COMPANY-SOUTHEAST, LLC

15 Cited authorities

Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”

Holding that the Board cannot exercise its powers absent a lawfully appointed quorum

In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.

Holding that the law of the case doctrine only applies "when the issue in question was actually considered and decided"

Holding that the scope of the judgment appealed from, limited to literal infringement, did not preclude adjudication of infringement by the doctrine of equivalents

Noting that the doctrine “does not bar consideration of matters that could have been, but were not, resolved in earlier proceedings”

Finding the “pro forma” recess appointments invalid

Holding that the denial of enforcement on the basis that the Board lacked a proper quorum did not deprive the Board of jurisdiction to consider the case anew

Noting that “the Board enjoys broad discretion in fashioning remedies under the NLRA”

Denying enforcement

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB