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H.B. Zachry Co.

11 Cited authorities

  1. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,072 times   14 Legal Analyses
    Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"

  2. 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

  3. Nat'l Labor Relations Bd. v. Fluor Daniel

    161 F.3d 953 (6th Cir. 1998)   Cited 12 times
    Making distinction between union organizer who will exercise statutory right to organize as opposed to an employee who has merely worked for a union contractor

  4. Kentucky General v. Nat'l Labor Relations Bd.

    177 F.3d 430 (6th Cir. 1999)   Cited 10 times
    Noting that the employer's "decision to lay off both men only a few days after they engaged in picketing bolsters the inference that [the employer] terminated them because of their union activities"

  5. Ultrasystems Western v. N.L.R.B

    18 F.3d 251 (4th Cir. 1994)   Cited 14 times
    Discussing the distinction the NLRB draws between these two concepts

  6. International Brotherhood of Boilermakers v. Nat'l Labor Relations Bd.

    127 F.3d 1300 (11th Cir. 1997)   Cited 9 times   1 Legal Analyses

    No. 95-3688. November 13, 1997. Michael T. Manley, Blake Uhlig, P.A., Kansas City, KS, for IBB. Dion Kohler, C. Thomas Davis, Lee Stanford Sherrill, Atlanta, GA, for H. B. Zachry Co. Aileen Armstrong, Deputy Assoc. General Counsel, Nancy B. Hunt, Margaret G. Neigus, Frederick C. Havard, Jill A. Griffin, NLRB, Washington, DC, for NLRB. Petition for Review and Cross Petition for Review of the National Labor Relations Board. (Agency Nos. 12-CA-14962, 12-CA-14962-2 12-CA-15018) Before CARNES, Circuit

  7. Willmar Elec. Service, Inc. v. N.L.R.B

    968 F.2d 1327 (D.C. Cir. 1992)   Cited 10 times
    Holding that paid union organizers are employees within the meaning of the Act, but noting that "we are ready to assume arguendo that Willmar made out so powerful a case of likely disloyalty that the Board would have had to conclude that rejection of Hendrix's application on that ground would have been legitimate and not in violation of the anti-discrimination and anti-coercion provisions of the Act."

  8. N.L.R.B. v. Elias Brothers Big Boy, Inc.

    327 F.2d 421 (6th Cir. 1964)   Cited 38 times
    Reversing credibility finding where examiner "credited the testimony of a highly prejudiced and interested witness and discredited the testimony of all witnesses to the contrary"

  9. Town Country Elec., Inc. v. N.L.R.B

    34 F.3d 625 (8th Cir. 1994)   Cited 4 times

    Nos. 92-3911, 93-1218. Submitted October 11, 1993. Decided August 31, 1994. James K. Pease, Jr., Madison, WI, argued (James K. Pease, Jr. and Douglas E. Witt, on the brief), for petitioner/cross-respondent. Marilyn O'Rourke, Washington, DC, argued (Frederick C. Havard and Marilyn O'Rourke, and Gen. counsel Jerry M. Hunter, Yvonne T. Dixon, Nicholas E. Karatinos and Aileen A. Armstrong, on the brief), for respondent/cross-petitioner, NLRB. Stephen D. Gordon, Minneapolis, MN, argued (Stephen D. Gordon

  10. H.B. Zachry Co. v. N.L.R.B

    886 F.2d 70 (4th Cir. 1989)   Cited 8 times
    In H.B. Zachry Co. v. NLRB, 886 F.2d 70, 72 (4th Cir. 1989), the Fourth Circuit, joining the Sixth Circuit, NLRB v. Elias Brothers Big Boy, Inc., 327 F.2d 421, 427 (6th Cir. 1964), held that a union organizer is not a bona fide employee within the meaning of section 2(3). Zachry had refused to hire a paid full-time union organizer who had applied for work, upon the union's instruction, to organize Zachry's employees. Had the organizer been hired, he would have remained concurrently employed and supervised by the union.