Postal Service

21 Cited authorities

Sure-Tan, Inc. v. Nat'l Labor Relations Bd.
467 U.S. 883 (1984) Cited 417 times 3 Legal Analyses
Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge
Schmidt v. Lessard
414 U.S. 473 (1974) Cited 458 times 2 Legal Analyses
Holding that the Constitution compelled the state to establish the unsuitability of numerous alternatives to involuntary full-time hospitalization before commitment could be ordered, including "voluntary or court-ordered out-patient treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a friend or relative, placement in a nursing home, referral to a community mental health clinic, and home health aide services"
McComb v. Jacksonville Paper Co.
336 U.S. 187 (1949) Cited 1,015 times 5 Legal Analyses
Holding that remedial civil contempt does not require proof of criminal intent
Summit Valley Industries, Inc. v. Carpenters
456 U.S. 717 (1982) Cited 178 times 1 Legal Analyses
Holding that Labor Management Relations Act § 303, which authorizes recovery of "damages" for employers injured by an unfair labor practice, does not provide authorization for awarding attorney's fees for Board proceedings
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Labor Board v. Express Pub. Co.
312 U.S. 426 (1941) Cited 506 times 3 Legal Analyses
Holding that "the mere fact that a court has found that a defendant has committed an act in violation of a statute does not justify an injunction broadly to obey the statute"
May Stores Co. v. Labor Board
326 U.S. 376 (1945) Cited 257 times
Requiring "a clear determination by the Board of an attitude of opposition to the purposes of the Act to protect the rights of employees generally"
Smith v. Black Panther Party
458 U.S. 1118 (1982) Cited 68 times 1 Legal Analyses
Enunciating similar balancing approach
Labor Board v. Ochoa Fertilizer Corp.
368 U.S. 318 (1961) Cited 90 times
In National Labor Relations Board v. Ochoa Fertilizer Corp., 368 U.S. 318, 322, 82 S.Ct. 344, 7 L.Ed.2d 312 (1961), the Court considered the appellate court's power to modify Board orders when entering a consent judgment under § 160(e).
Labor Board v. Cheney Lumber Co.
327 U.S. 385 (1946) Cited 137 times
Noting § 10(e) insures that "all controversies of fact, and the allowable inferences from the facts, be threshed out . . . in the first instance before the Board"
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 23,703 times 91 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Postal Service

21 Cited authorities

Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge

Holding that remedial civil contempt does not require proof of criminal intent

Holding that Labor Management Relations Act § 303, which authorizes recovery of "damages" for employers injured by an unfair labor practice, does not provide authorization for awarding attorney's fees for Board proceedings

Approving "discovery-type standard"

Holding that "the mere fact that a court has found that a defendant has committed an act in violation of a statute does not justify an injunction broadly to obey the statute"

Requiring "a clear determination by the Board of an attitude of opposition to the purposes of the Act to protect the rights of employees generally"

Enunciating similar balancing approach

In National Labor Relations Board v. Ochoa Fertilizer Corp., 368 U.S. 318, 322, 82 S.Ct. 344, 7 L.Ed.2d 312 (1961), the Court considered the appellate court's power to modify Board orders when entering a consent judgment under § 160(e).

Noting § 10(e) insures that "all controversies of fact, and the allowable inferences from the facts, be threshed out . . . in the first instance before the Board"

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice