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Laborers' International Union of North America, Local Union No. 91 (Scrufari Construction Co., Inc.)

368 NLRB No. 40 (N.L.R.B. 2019)
Laborers' International Union of North America, Local Union No. 91 (Scrufari Construction Co., Inc.)

16 Cited authorities

  1. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,629 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

  2. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 650 times   11 Legal Analyses
    Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

  3. Schneider Moving Storage Co. v. Robbins

    466 U.S. 364 (1984)   Cited 226 times
    Holding that federal policy does not favor a union's grievance and arbitration system for a trustee's enforcement of an employer's trust obligations

  4. Nat'l Labor Relations Bd. v. Allis-Chalmers Manufacturing Co.

    388 U.S. 175 (1967)   Cited 334 times
    Holding that majority rule concept is at the center of federal labor policy

  5. Nat'l Labor Relations Bd. v. FES

    301 F.3d 83 (3d Cir. 2002)   Cited 48 times   21 Legal Analyses
    Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal

  6. Autonation, Inc. v. Nat'l Labor Relations Bd.

    801 F.3d 767 (7th Cir. 2015)   Cited 7 times
    Finding employer's claim that it fired employee due to job abandonment to be a pretext because employer knew that employee had filed for unemployment benefits and was under the impression that he had already been terminated and yet the company did nothing to correct the employee's alleged misimpression

  7. King Soopers, Inc. v. Nat'l Labor Relations Bd.

    859 F.3d 23 (D.C. Cir. 2017)   Cited 5 times

    No. 16-1316 C/w 16-1367 06-09-2017 KING SOOPERS, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Raymond M. Deeny, Colorado Springs, CO, argued the cause for petitioner. With him on the briefs was Jonathon M. Watson, Denver, CO. Amy H. Ginn, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Richard F. Griffin, Jr., General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Robert

  8. Capaci v. Katz Besthoff, Inc.

    711 F.2d 647 (5th Cir. 1983)   Cited 39 times
    Holding not clearly erroneous district court's finding that defendant employer harassed plaintiff employee by frequent and constant "building of a file which included reports of trivial, petty, insignificant events involving [plaintiff employee]"

  9. N.L.R.B. v. Int'l Brotherhood

    514 F.3d 646 (6th Cir. 2008)   Cited 7 times
    Holding that the Board has initial burden of showing that protected conduct was a "motivating factor" in the union’s discrimination against an employee in violation of § 8(b)

  10. Pergament United Sales, Inc. v. N.L.R.B

    920 F.2d 130 (2d Cir. 1990)   Cited 20 times   9 Legal Analyses
    Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,418 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. 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