Douglas Emmett Management, LLC

11 Cited authorities

Nat'l Labor Relations Bd. v. United Food & Commercial Workers Union, Local 23
484 U.S. 112 (1987) Cited 349 times 2 Legal Analyses
Holding that a federal court has no authority to review a decision of the NLRB's General Counsel dismissing an unfair labor practice complaint pursuant to an informal settlement in which the charging party refused to join
Zimomra v. Alamo Rent-A-Car
522 U.S. 948 (1997) Cited 104 times
Holding that active supervision unnecessary where challenged ordinance left defendants, car rental companies at Denver International Airport, virtually no discretionary authority in setting and collecting usage fees from their customers because usage fee determined by detailed formula
Nat'l Labor Relations Bd. v. Pier Sixty, LLC
855 F.3d 115 (2d Cir. 2017) Cited 11 times 3 Legal Analyses
Holding that "even an apparently meritorious challenge to the authority of an NLRB agent in itself does not qualify as an ‘exceptional circumstance’ allowing the party to raise the argument for the first time before our Court"
Novato Healthcare Ctr. v. Nat'l Labor Relations Bd.
916 F.3d 1095 (D.C. Cir. 2019) Cited 9 times
No. 17-1221 C/w 17-1232 03-05-2019 NOVATO HEALTHCARE CENTER, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Ryan N. Parsons, Milwaukee, WI, argued the cause for petitioner. With him on the briefs was Kamran Mirrafati, Los Angeles, CA. Rebecca J. Johnston, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Peter B. Robb, General Counsel, John W. Kyle, Deputy General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Jill A. Griffin
Intertape Polymer Corp. v. Nat'l Labor Relations Bd.
801 F.3d 224 (4th Cir. 2015) Cited 10 times
Holding that "even if . . . leaflet[t]ing is construed as 'out of the ordinary,' is plainly insufficient to establish . . . coercion"
Care One at Madison Ave., LLC v. Nat'l Labor Relations Bd.
832 F.3d 351 (D.C. Cir. 2016) Cited 4 times
Rejecting similar purported catch-22
New Breed Leasing Corp. v. N.L.R.B
111 F.3d 1460 (9th Cir. 1997) Cited 17 times
Holding that an ALJ's credibility determinations will be upheld by the court “unless they are ‘inherently incredible or patently unreasonable’ ”
Evergreen America v. N.L.R.B
531 F.3d 321 (4th Cir. 2008) Cited 4 times
Nos. 06-2105, 06-2183. Argued January 31, 2008. Decided June 26, 2008. Appeal from the petition for review of order of the National Labor Relations Board (NLRB), 2006 WL 2737630. ARGUED: Francis X. Dee, McElroy, Deutsch, Mulvaney Carpenter, L.L.P., Newark, New Jersey, for Evergreen America Corporation. David Arthur Fleischer, National Labor Relations Board, Washington, DC, for the National Labor Relations Board. Herzl Sol Eisenstadt, Marrinan Mazzola Mardon, P.C., New York, New York, for Intervenor
Hotel Emp. Restaurant Emp. Un. v. N.L.R.B
760 F.2d 1006 (9th Cir. 1985) Cited 26 times 6 Legal Analyses
Affirming Rossmore House, 269 NLRB 1176
Nat'l Labor Relations Bd. v. Ayer Lar Sanitarium
436 F.2d 45 (9th Cir. 1970) Cited 39 times
In NLRB v. Ayer Lar Sanitarium, supra, 436 F.2d at 50, we said that the "test is whether the business reason or the... union activity is the moving cause behind the discharge.

Douglas Emmett Management, LLC

11 Cited authorities

Holding that a federal court has no authority to review a decision of the NLRB's General Counsel dismissing an unfair labor practice complaint pursuant to an informal settlement in which the charging party refused to join

Holding that active supervision unnecessary where challenged ordinance left defendants, car rental companies at Denver International Airport, virtually no discretionary authority in setting and collecting usage fees from their customers because usage fee determined by detailed formula

Holding that "even an apparently meritorious challenge to the authority of an NLRB agent in itself does not qualify as an ‘exceptional circumstance’ allowing the party to raise the argument for the first time before our Court"

Holding that "even if . . . leaflet[t]ing is construed as 'out of the ordinary,' is plainly insufficient to establish . . . coercion"

Rejecting similar purported catch-22

Holding that an ALJ's credibility determinations will be upheld by the court “unless they are ‘inherently incredible or patently unreasonable’ ”

Affirming Rossmore House, 269 NLRB 1176

In NLRB v. Ayer Lar Sanitarium, supra, 436 F.2d at 50, we said that the "test is whether the business reason or the... union activity is the moving cause behind the discharge.