Pacific Mutual Door Co.

8 Cited authorities

Boire v. Greyhound Corp.
376 U.S. 473 (1964) Cited 426 times 3 Legal Analyses
Finding status of employer as independent contractor is immaterial because focus of joint employment inquiry is on employees, not employers
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 321 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 232 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 534 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
N.L.R.B. v. W. C. McQuaide, Inc.
552 F.2d 519 (3d Cir. 1977) Cited 40 times
In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.
Star Meat Co. v. N.L.R.B
640 F.2d 13 (6th Cir. 1980) Cited 5 times
No. 78-1438. Argued August 19, 1980. Decided November 4, 1980. Joseph P. Carey, Tarrytown, N.Y., Fred Elarbee, Jr., David M. Vaughan, Elarbee, Clark Paul, Atlanta, Ga., for petitioner. Elliott Moore, Carol A. DeDeo, Deputy Associate Gen. Counsel, Patricia Cornwell Matthews, N.L.R.B., Washington, D.C., for respondent. Petition for review from the NLRB. Before WEICK and JONES, Circuit Judges, and DUNCAN, District Judge. Robert M. Duncan, District Judge, United States District Court for the Southern
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,086 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Pacific Mutual Door Co.

8 Cited authorities

Finding status of employer as independent contractor is immaterial because focus of joint employment inquiry is on employees, not employers

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"