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Ferguson Enterprises, Inc.

07-CA-052306 (N.L.R.B. Mar. 3, 2010)
Ferguson Enterprises, Inc.

9 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,687 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

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

    462 U.S. 393 (1983)   Cited 656 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. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  4. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  5. Prill v. N.L.R.B

    755 F.2d 941 (D.C. Cir. 1985)   Cited 80 times   3 Legal Analyses
    In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."

  6. Nat'l Labor Relations Bd. v. Louis A. Weiss Memorial Hospital

    172 F.3d 432 (7th Cir. 1999)   Cited 18 times
    Holding that an employer not motivated by anti-union animus may freely exercise its business judgment in hiring decisions, and that the Board should not substitute its judgment for that of the employer

  7. Prill v. N.L.R.B

    835 F.2d 1481 (D.C. Cir. 1987)   Cited 27 times   8 Legal Analyses
    Recognizing that an employee takes concerted action “when he acts with the actual participation or on the authority of his co-workers”

  8. N.L.R.B. v. Jack August Enterprises, Inc.

    583 F.2d 575 (1st Cir. 1978)   Cited 5 times

    No. 78-1001. Argued May 2, 1978. Decided September 22, 1978. Bernard P. Jeweler, Baltimore, Md., Atty., with whom John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and William R. Stewart, Atty., Washington, D.C., were on brief, for petitioner. Richard D. Hayes, Springfield, Mass., with whom Sullivan Hayes, Springfield, Mass., was on brief, for respondent. Petition from the National Labor Relations

  9. Nat'l Labor Relations Bd. v. Universal Camera

    179 F.2d 749 (2d Cir. 1950)   Cited 24 times

    No. 54, Docket 21395. Argued December 6, 1949. Decided January 10, 1950. A. Norman Somers, Asst. Gen. Counsel, Washington, D.C., David P. Findling, Associate Gen. Counsel, Ruth Weyand, Asst. Gen. Counsel, William J. Avrutis, Atty., National Labor Relations Board, Washington, D.C., for petitioner. Kaye, Scholer, Fierman Hays, New York City, Frederick R. Livingston, New York City, for respondent. On petition of the National Labor Relations Board for an order, "enforcing" an order of the Board to "cease