Fairview Nursing Home

16 Cited authorities

Labor Board v. Brown
380 U.S. 278 (1965) Cited 473 times 2 Legal Analyses
Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 872 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
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"
Interstate Circuit v. U.S.
306 U.S. 208 (1939) Cited 513 times 5 Legal Analyses
Holding proof of an explicit agreement unnecessary to establish antitrust conspiracy among movie distributors where, "knowing that concerted action was contemplated and invited, the distributors gave their adherence to the scheme and participated in it"
Teamsters Local v. Labor Board
365 U.S. 667 (1961) Cited 174 times
Holding that the Board may not dictate specific procedures and rules that a union must adopt, not that the Board errs when it determines that a union engaged in unfair labor practices by failing to operate in accordance with objective criteria
Hendrix Manufacturing Company v. N.L.R.B
321 F.2d 100 (5th Cir. 1963) Cited 91 times
Permitting the Board to consider the employer's clear expression of opposition to the union as background in order to determine motivation for management's conduct
Betts Baking Co. v. N.L.R.B
380 F.2d 199 (10th Cir. 1967) Cited 32 times
No. 8813. May 26, 1967. William G. Haynes, Topeka, Kan. (O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., Charles N. Henson, Peter F. Caldwell, R. Austin Northern, Roscoe E. Long and Brock R. Snyder, Topeka, Kan., on brief), for petitioner. Morton Namrow, Washington, D.C. (Arnold Ordman, Dominick L. Manoli, Marcel Mallet-Prevost and Warren M. Davison, Washington, D.C., on brief), for respondent. Before MURRAH, Chief Judge, HICKEY, Circuit Judge, and CHRISTENSEN, District Judge
Nat'l Labor Relations Bd. v. Thayer Co.
213 F.2d 748 (1st Cir. 1954) Cited 40 times
In Thayer, the court first announced that if the activity causing dismissal was protected under § 7 of the Act then denial of reinstatement was unlawful. If the activity was unprotected under § 7, however, the legality of the denial was to be determined according to a balancing test.
N.L.R.B. v. Longhorn Transfer Service, Inc.
346 F.2d 1003 (5th Cir. 1965) Cited 25 times
No. 21347. June 15, 1965. Warren M. Davidson, Atty., N.L.R.B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Dominick L. Manoli, Associate Gen. Counsel, N.L.R.B., Arnold Ordman, Gen. Counsel, Leo N. McGuire, Atty., N.L.R.B., Washington, D.C., for petitioner. James J. Loeffler, Houston, Tex., Fulbright, Crooker, Freeman, Bates Jaworski, Houston, Tex., of counsel, for respondent. Before HUTCHESON, BROWN and GEWIN, Circuit Judges. HUTCHESON, Circuit Judge. This is a proceeding to enforce an order
Nat'l Labor Relations Bd. v. W. Coast Casket Co.
205 F.2d 902 (9th Cir. 1953) Cited 37 times
No. 13515. June 30, 1953. Rehearing Denied July 29, 1953. George J. Bott, Gen. Coun., David P. Findling, Asso. Gen. Coun., A. Norman Somers, Asst. Gen. Coun., Frederick U. Reel and Rosanna A. Blake, Attorneys, N.L.R.B., Washington, D.C., for petitioner. James S. Duberg and Holmes E. Hobart, Los Angeles, Cal., for respondent. Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges. ORR, Circuit Judge. The National Labor Relations Board, hereafter the Board, petitions for enforcement of an order
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,073 times 23 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Fairview Nursing Home

16 Cited authorities

Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

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"

Holding proof of an explicit agreement unnecessary to establish antitrust conspiracy among movie distributors where, "knowing that concerted action was contemplated and invited, the distributors gave their adherence to the scheme and participated in it"

Holding that the Board may not dictate specific procedures and rules that a union must adopt, not that the Board errs when it determines that a union engaged in unfair labor practices by failing to operate in accordance with objective criteria

Permitting the Board to consider the employer's clear expression of opposition to the union as background in order to determine motivation for management's conduct

In Thayer, the court first announced that if the activity causing dismissal was protected under § 7 of the Act then denial of reinstatement was unlawful. If the activity was unprotected under § 7, however, the legality of the denial was to be determined according to a balancing test.

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB