Local 38, International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists

17 Cited authorities

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 "
Radio Officers v. Labor Board
347 U.S. 17 (1954) Cited 471 times 1 Legal Analyses
Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"
Scofield v. Nat'l Labor Relations Bd.
394 U.S. 423 (1969) Cited 117 times 6 Legal Analyses
Upholding union rule, enforceable by fines and expulsion, imposing limitation on immediate pay that members could receive for piecework because Court found no "impairment of statutory labor policy"
U.S. Can Co. v. N.L.R.B
254 F.3d 626 (7th Cir. 2001) Cited 15 times
Finding no prejudice where the obligation of the respondent would have been the same had the NLRB filed its petition for enforcement sooner
Nat'l Labor Relations Bd. v. St. George Warehouse, Inc.
645 F.3d 666 (3d Cir. 2011) Cited 4 times
Nos. 10-3411, 10-3546. Submitted Pursuant to Third Circuit LAR 34.1(a) May 23, 2011. Opinion filed: June 23, 2011. Richard A. Cohen, Esq., Fred B. Jacob, Esq., Linda Dreeben, Esq., National Labor Relations Board, Washington, D.C., for Petitioner/Cross-Respondent the National Labor Relations Board. John A. Craner, Esq., Craner, Satkin, Scheer Schwartz, P.C., Scotch Plains, NJ, for Respondent/Cross-Petitioner St. George Warehouse, Inc. Before: McKEE, Chief Judge, SCIRICA and GARTH, Circuit Judges.
Woodline Motor Freight, Inc. v. N.L.R.B
843 F.2d 285 (8th Cir. 1988) Cited 27 times
Holding that the restoration order was not unduly burdensome where it "would not require capital investment disproportionate to [the employer's] resources or impose substantial, continuing losses"
U.S. v. Steward
16 F.3d 317 (9th Cir. 1994) Cited 19 times
Holding that an individual may be convicted of attempt to distribute a controlled substance when, unbeknownst to him, the actual substance that he offered to sell was not a controlled substance
McKenzie Engineering Co. v. N.L.R.B
373 F.3d 888 (8th Cir. 2004) Cited 6 times
Modifying an award assuming certain durations of employment where the assumptions were “supported by neither [the employer's] past history as an employer, nor [the relevant] workers' past employment histories”
Tualatin Elec., Inc. v. N.L.R.B
253 F.3d 714 (D.C. Cir. 2001) Cited 8 times 2 Legal Analyses
Upholding NLRB order awarding backpay to union salts unlawfully fired by a nonunion contractor because of organizing activity
Kawasaki Motors Mfg. Corp., U.S.A. v. N.L.R.B
850 F.2d 524 (9th Cir. 1988) Cited 19 times
Stating that discriminatee need only seek employment "substantially equivalent to" former job and is not required to "seek or retain a job more onerous than the job from which he or she was discharged"

Local 38, International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists

17 Cited authorities

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 "

Holding that "[t]he policy of the Act is to insulate employees' jobs from their organizational rights"

Upholding union rule, enforceable by fines and expulsion, imposing limitation on immediate pay that members could receive for piecework because Court found no "impairment of statutory labor policy"

Finding no prejudice where the obligation of the respondent would have been the same had the NLRB filed its petition for enforcement sooner

Holding that the restoration order was not unduly burdensome where it "would not require capital investment disproportionate to [the employer's] resources or impose substantial, continuing losses"

Holding that an individual may be convicted of attempt to distribute a controlled substance when, unbeknownst to him, the actual substance that he offered to sell was not a controlled substance

Modifying an award assuming certain durations of employment where the assumptions were “supported by neither [the employer's] past history as an employer, nor [the relevant] workers' past employment histories”

Upholding NLRB order awarding backpay to union salts unlawfully fired by a nonunion contractor because of organizing activity

Stating that discriminatee need only seek employment "substantially equivalent to" former job and is not required to "seek or retain a job more onerous than the job from which he or she was discharged"