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Shamrock Foods Company

28-CA-150157 (N.L.R.B. Feb. 11, 2016)
Shamrock Foods Company

33 Cited authorities

  1. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  2. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  3. Cattell v. Barrett

    462 U.S. 1131 (1983)   Cited 180 times
    Suggesting that a cause of action may in some circumstances accrue only upon discovery of the "wrong" rather than the earlier harm

  4. 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

  5. Labor Board v. Parts Co.

    375 U.S. 405 (1964)   Cited 213 times   1 Legal Analyses
    Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

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

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  7. Labor Board v. Burnup Sims

    379 U.S. 21 (1964)   Cited 106 times   21 Legal Analyses
    Finding violation of § 8 "whatever the employer's motive"

  8. Bally's Park Place Inc. v. Nat'l Labor Relations Bd.

    646 F.3d 929 (D.C. Cir. 2011)   Cited 42 times
    Finding unlawful motive where employee's discharge came only days after manager observed him at pro-union rally

  9. Flex Frac Logistics, L.L.C. v. Nat'l Labor Relations Bd.

    746 F.3d 205 (5th Cir. 2014)   Cited 30 times   5 Legal Analyses
    Holding that a workplace rule preventing employees from discussing wage information violates § 8

  10. Multi-Ad Services, Inc. v. N.L.R.B

    255 F.3d 363 (7th Cir. 2001)   Cited 33 times
    Affirming Board's finding of coercive interrogation where an employee was asked "why he would want to bring a union into the company"

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,569 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,211 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  13. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,937 times   7 Legal Analyses
    Granting trial judge broad discretion to control witness examination