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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.
After the Court stripped down the state’s Private Attorneys General Act in June, a group of lawyers filed a request for a rehearing.
A quarter of that money goes to workers and the rest to the Labor and Workforce Development Agency for worker safety law enforcement and education. But under the new legislation, 35% of the money ...
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.
Ricci v. DeStefano, 557 U.S. 557 (2009), is a United States labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.