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Circuit Judge Thomas Ambro wrote for a three-judge panel that substantial evidence supported the NLRB's conclusion that Starbucks engaged in unfair labor practices by firing Echo Nowakowska and ...
The Court discussed the "substantial evidence" test established by the Court in Consolidated Edison Co. v. NLRB, which interpreted the Wagner Act, the original National Labor Relations Act. The Act provided that "[t]he findings of the Board as to the facts, if supported by evidence, shall be conclusive."
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
Next, the court will turn to the statutory standard of "substantial evidence" prescribed by 205 (g). The Court has considered this very concept in other, yet similar, contexts. The National Labor Relations Act, 10 (e), in its original form, provided that the NLRB's findings of fact "if supported by evidence, shall be conclusive." 49 Stat. 454.
Special counsel Jack Smith this week will be allowed to file hundreds of pages of legal arguments and evidence gathered in the 2020 election subversion and January 6 US Capitol attack criminal ...
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
According to the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN), which has responsibility for turning the screws on business owners regarding this law (and many others ...
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), is a landmark United States Supreme Court [1] decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments. [2]