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Kroger Mid-Atlantic

368 NLRB No. 64 (N.L.R.B. 2019)
Kroger Mid-Atlantic

51 Cited authorities

  1. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

    527 U.S. 666 (1999)   Cited 1,689 times   13 Legal Analyses
    Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"

  2. Perry Ed. Assn. v. Perry Local Educators' Assn

    460 U.S. 37 (1983)   Cited 2,280 times   3 Legal Analyses
    Holding that content-neutral time, place, and manner restrictions on speech must be "narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication"

  3. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,729 times   10 Legal Analyses
    Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

  4. Bonner v. City of Prichard

    661 F.2d 1206 (11th Cir. 1981)   Cited 16,279 times   2 Legal Analyses
    Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business on September 30, 1981, are binding precedent in the Eleventh Circuit

  5. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,180 times   14 Legal Analyses
    Holding that reviewing court may consider only grounds invoked by agency

  6. Maislin Industries, U.S. v. Primary Steel

    497 U.S. 116 (1990)   Cited 390 times   1 Legal Analyses
    Holding that agency "does not have the power to adopt a policy that directly conflicts with its governing statute"

  7. Sears, Roebuck Co. v. Carpenters

    436 U.S. 180 (1978)   Cited 553 times   4 Legal Analyses
    Holding that both state and federal courts must defer to the National Labor Relations Board when an activity is arguably protected under § 7 or prohibited by § 8 of the NLRA

  8. Hudgens v. Nat'l Labor Relations Bd.

    424 U.S. 507 (1976)   Cited 543 times   1 Legal Analyses
    Holding picketers "did not have a First Amendment right to enter [a privately owned] shopping center for the purpose of advertising their strike"

  9. Lechmere, Inc. v. Nat'l Labor Relations Bd.

    502 U.S. 527 (1992)   Cited 156 times   18 Legal Analyses
    Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent

  10. 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

  11. 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

  12. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,830 times   77 Legal Analyses
    Adopting the definition set out in the APA

  13. 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

  14. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,203 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”