Cluster 403822
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· 142 citation events
across 11 courts.
Showing the 34 strongest citers on record
(one row per citing case, strongest signal kept).
See, e.g., America’s Best, 44 F.3d at 522; NLRB v. Q-1 Motor Express Inc., 25 F.3d 473, 481-82 (7th Cir.1994); Berger Transfer, 678 F.2d at 694-95.
See, e.g., America's Best, 44 F.3d at 522; NLRB v. Q-1 Motor Express Inc., 25 F.3d 473, 481-82 (7th Cir.1994); Berger Transfer, 678 F.2d at 694-95. 14 In reaching this decision, we reject the employer's argument that the Board should have provided a more extensive discussion regarding whether mitigating circumstances, such as employee turnover, have defeated the need for a bargaining order.
Berger Transfer & Storage Co., 678 F.2d at 693.
NLRB v. Berger Transfer and Storage Co., 678 F.2d 679, 687 (7th Cir.1982); NLRB v. Baja’s Place, 733 F.2d 416, 420 (6th Cir.1984).
Impact Indus., Inc. v. NLRB, 847 F.2d 379 , 382 (7th Cir.1988); Berger, 678 F.2d at 687; accord Conair Corp. v. NLRB, 721 F.2d 1355, 1367 (D.C.Cir.1983), cert. denied, 467 U.S. 1241 , 104 S.Ct. 3511 , 82 L.Ed.2d 819 (1984).
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National Labor Relations Board v. Shelby Memorial Hospital Association, D.B.A. Shelby Memorial Home (1993)
See also NLRB v. Del Rey Tortilleria, Inc., 787 F.2d 1118, 1122-23 (7th Cir.1986); Berger Transfer & Storage Company, 678 F.2d at 690-91.
Village IX, Inc., 723 F.2d at 1368 ; Berger Transfer & Storage Co., 678 F.2d at 691.
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Ron Tirapelli Ford, Inc. v. National Labor Relations Board, and General Chauffeurs, Sales Drivers, and Helper… (1993)
Berger, 678 F.2d at 694.
Berger Transfer & Storage, 678 F.2d at 687.
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J. Huizinga Cartage Company, Inc. And Simpson Motor Transportation, Inc., Single Employer And/or Joint Employ… (1991)
The test for determining whether an employee’s right of self-organization has been threatened “ ‘is not whether an attempt at coercion has succeeded or failed, but whether the employer engaged in conduct which reasonably tends to interfere with, restrain, or coerce employees in the free exercise of their section 7 rights.’ ” NLRB v. Illinois-American Water Co., 933 F.2d 1368, 1374 (7th Cir.1991) (quoting Berger, 678 F.2d at 689).
We must be sensitive, moreover, to "the economic dependence of the employees on their employers, and the necessary tendency of the former, because of that relationship, to pick up intended implications of the latter that might be more readily dismissed by a more disinterested ear." Gissel Packing, 395 U.S. at 617 7 Illinois-American Water Co., 933 F.2d at 1374 (quoting Berger Transfer & Storage, 678 F.2d at 687 (ALJ's credibility determinations will stand absent clear showin…
ALJ's credibility determinations will stand absent clear showing of bias or ALJ's discrediting of uncontroverted testimony
Illinois-American Water Co., 933 F.2d at 1374 (quoting Berger Transfer & Storage, 678 F.2d at 687 (ALJ’s credibility determinations will stand absent clear showing of bias or AU’s discrediting of uncontroverted testimony)). .
ALJ’s credibility determinations will stand absent clear showing of bias or AU’s discrediting of uncontroverted testimony
Berger, 678 F.2d at 679.
Id. at 688.
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Elastic Stop Nut Division Of Harvard Industries, Inc. v. National Labor Relations Board (1990)
The question for the Board to consider is "whether the employer's actions are motivated by anti-union considerations." Teamsters Local Union No. 171 v. NLRB, 863 F.2d 946 , 955 (D.C.Cir.1988) (quoting NLRB v. Berger Transfer and Storage Co., 678 F.2d 679, 691 (7th Cir.1982)).
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Elastic Stop Nut Division of Harvard Industries, Inc. v. National Labor Relations Board (1990)
The question for the Board to consider is “whether the employer’s actions are motivated by anti-union considerations.” Teamsters Local Union No. 171 v. NLRB, 863 F.2d 946 , 955 (D.C.Cir.1988) (quoting NLRB v. Berger Transfer and Storage Co., 678 F.2d 679, 691 (7th Cir.1982)).
We do not question these findings but conclude nonetheless that we must deny enforcement of the Board's order and remand for further consideration on the grounds that the Board failed to "articulate specifically the inadequacy of traditional remedies." Impact Industries, 847 F.2d at 383; Berger, 678 F.2d at 695.
Moreover, explicit credibility findings are unnecessary when the AU implicitly resolves conflicts in testimony as evidence by findings of fact which are supported by the record as a whole. [Citations omitted.] 678 F.2d at 687.
Moreover, explicit credibility findings are unnecessary when the ALJ implicitly resolves conflicts in testimony as evidence by findings of fact which are supported by the record as a whole. [Citations omitted.] 12 678 F.2d at 687.
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National Labor Relations Board v. Rain-Ware, Inc. (1984)
See NLRB v. Gissel Packing Co., 395 U.S. 575, 618-19 , 89 S.Ct. 1918, 1942-43 , 23 L.Ed.2d 547 (1969); Berger Transfer, 678 F.2d at 690; Rich’s Precision Foundry, 667 F.2d at 623 .
In that case the employer threatened job loss and plant shutdown without articulating “any objective facts.” Id. at 690.
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Presbyterian/st. Luke's Medical Center v. National Labor Relations Board, St. Luke's Federation of Nurses and… (1983)
Berger Transfer & Storage Co., 678 F.2d at 691.
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Mattes v. United States (1983)
The Secretary's findings must be sustained if they are supported by substantial evidence which is " 'such relevant evidence as a reasonable mind might accept as adequate to support a conclusion[.]' " Universal Camera Corp. v. NLRB, 340 U.S. 474, 477 , 71 S.Ct. 456, 459 , 95 L.Ed. 456 (1951) quoting Consolidated Edison v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206, 216 , 83 L.Ed. 126 (1938), quoted in NLRB v. Berger Transfer and Storage Co., 678 F.2d 679, 687 (7th Cir.1982).
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Mattes v. United States (1983)
The Secretary’s findings must-be sustained if they are supported by substantial evidence which is “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion]’ ” Universal Camera Corp. v. NLRB, 340 U.S. 474, 477 , 71 S.Ct. 456, 459 , 95 L.Ed. 456 (1951) quoting Consolidated Edison v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206, 216 , 83 L.Ed. 126 (1938), quoted in NLRB v. Berger Transfer and Storage Co., 678 F.2d 679, 687 (7th Cir.1982).
See NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 , 694 (7th Cir.1982); NLRB v. Anchorage Times Publ'g Co., 637 F.2d 1359, 1370 (9th Cir.1981). 32 This conclusion is bolstered by the Board's experience in other cases involving similar unlawful attempts by Hilton to interfere with union elections at its Nevada hotel-casinos.
See NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 , 692 (7th Cir.1982) (“an employer’s explanation need not be accepted if there is a reasonable basis for believing the explanation is a pretext for the retaliatory action”).
See NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 , 690-91 (7th Cir.1982); see also NLRB v. Gissel Packing Co., 395 U.S. 575, 616-18 , 89 S.Ct. 1918, 1941-42 , 23 L.Ed.2d 547 (1969); NLRB v. Del Rey Tortilleria, Inc., 787 F.2d 1118, 1122-23 (7th Cir.1986).
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National Labor Relations Board v. Laborers' International Union of North America, Afl-Cio, Local Union No. 64… (1987)
Moreover, it has long been well settled in this Circuit that a reviewing court "must accept the Board's credibility findings unless the party challenging the credibility determinations establishes 'exceptional circumstances.' " Del Rey Tortilleria, 787 F.2d at 1121 (quoting NLRB v. Harrison Steel Castings Co., 728 F.2d 831 , 836 n. 9 (7th Cir.1984)); see NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 , 687 (7th Cir.1982); Medline Industries, Inc. v. NLRB, 593 F.2d 788, …
Moreover, it has long been well settled in this Circuit that a reviewing court “must accept the Board’s credibility findings unless the party challenging the credibility determinations establishes ‘exceptional circumstances.’ ” Del Rey Tortilleria, 787 F.2d at 1121 (quoting NLRB v. Harrison Steel Castings Co., 728 F.2d 831 , 836 n. 9 (7th Cir.1984)); see NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 , 687 (7th Cir.1982); Medline Industries, Inc. v. NLRB, 593 F.2d 788, …
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National Labor Relations Board v. Chaim Babad, Bernard Steinmetz and Emanuel Steinmetz, a Co-Partnership D/B/… (1986)
See NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 , 692 (7th Cir.1982) (“Where anti-union considerations result in the layoff of employees, the employer has violated section 8(a)(3)____”).
“To fall within the ambit of § 8(a)(1), either the words themselves or the context in which they are used must suggest an element of coercion or interference.” Midwest Stock Exchange, Inc. v. NLRB, 635 F.2d 1255 , 1267 (7th Cir. 1980); accord NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 (7th Cir. 1982).
We again emphasize that “credibility determinations are to be made by the AU and the Board arid will not be overturned by a reviewing court absent extraordinary circumstances.” NLRB v. Illinois-American Water Co., S. Div., 933 F.2d 1368, 1374 (7th Cir.1991) (quoting NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 , 687 (7th Cir.1982)); see also NLRB v. Rich’s Precision Foundry, Inc., 667 F.2d 613, 622 (7th Cir.1981). “ ‘Extraordinary circumstances’ include bias by the AU…
See, e.g., NLRB v. Berger Transfer & Storage Co., 678 F.2d 679 , 688 (7th Cir.1982) (“warehouse foreman” not supervisor); Laborers & Hod Carriers Local No. 341 v. NLRB, 564 F.2d 834, 837-39 (9th Cir.1977) (“labor foreman” was not supervisor); Park Drug Co., 122 N.L.R.B. 878 , 879-80 (1959) (“working foremen” not supervisors); Sebastopol Cooperative Cannery, 111 N.L.R.B. 530 , 531 (1955) (“day shift label foreman” not supervisor); In re Emerson Television Service Corp., 88 N.…
Because the line between predicting adverse consequences and threatening to bring them about is a fine one, “the prediction must be carefully phrased on the basis of objective fact to convey an employer’s belief as to demonstrably probable consequences beyond his control .. .. ” NLRB v. Gissel Packing Co., 395 U.S. 575, 618 , 89 S.Ct. 1918, 1942 , 23 L.Ed.2d 547 (1969); see also NLRB v. Berger Transfer & Storage Co., supra, 678 F.2d at 690.