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PORTS AMERICA OUTER HARBOR, LLC, CURRENTLY KNOWN AS OUTER HARBOR TERMINAL, LLC

366 NLRB No. 76 (N.L.R.B. 2018)
PORTS AMERICA OUTER HARBOR, LLC, CURRENTLY KNOWN AS OUTER HARBOR TERMINAL, LLC

19 Cited authorities

  1. Nat'l Labor Relations Bd. v. Canning

    573 U.S. 513 (2014)   Cited 270 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 ”

  2. Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.

    482 U.S. 27 (1987)   Cited 369 times   12 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  3. Golden State Bottling Co. v. Nat'l Labor Relations Bd.

    414 U.S. 168 (1973)   Cited 497 times   20 Legal Analyses
    Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties

  4. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  5. 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

  6. Machinists Local v. Labor Board

    362 U.S. 411 (1960)   Cited 276 times   2 Legal Analyses
    Holding that “a finding of violation which is inescapably grounded on events predating the limitations period” is untimely

  7. Vincent Industrial Plastics, Inc. v. Nat'l Labor Relations Bd.

    209 F.3d 727 (D.C. Cir. 2000)   Cited 44 times   3 Legal Analyses
    In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."

  8. Dodge of Naperville, Inc. v. Nat'l Labor Relations Bd.

    796 F.3d 31 (D.C. Cir. 2015)   Cited 10 times
    Explaining that Member Becker's tenure ran through noon on January 3, 2012

  9. Lee Lumber & Building Material Corp. v. Nat'l Labor Relations Bd.

    117 F.3d 1454 (D.C. Cir. 1997)   Cited 27 times   3 Legal Analyses
    Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them

  10. Exxel/Atmos, Inc. v. Nat'l Labor Relations Bd.

    28 F.3d 1243 (D.C. Cir. 1994)   Cited 28 times   2 Legal Analyses
    Stressing appropriateness of bargaining order to remedy bad faith bargaining during certification year