Legal Opinion

Guardsmark, LLC v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided February 2, 2007No. 05-1216, 05-1236, 05-1272PublishedCited by 23 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Under National Labor Relations Board case law, where an employer promulgates work rules “likely to have a chilling effect on Section 7 rights, the Board may conclude that their maintenance is an unfair labor practice, even absent evidence of enforcement.” Lafayette Park Hotel, 326 N.L.R.B. 824, 825 (1998), enforced mem., No. 98-1625, 1999 WL 1215578, at *1 (D.C.Cir. Nov.26, 1999). Applying this principle, the Board found that two of petitioner’s work rules — one requiring that employees register their complaints only…

2Cases cited10 opinions

  1. United States v. MenascheSupreme Court of the United States · 1955
  2. Virginia Electric & Power Co. v. National Labor Relations BoardSupreme Court of the United States · 1943
  3. Ford Motor Co. (Chicago Stamping Plant) v. National Labor Relations BoardSupreme Court of the United States · 1979
  4. Beth Israel Hospital v. National Labor Relations BoardSupreme Court of the United States · 1978
  5. Central Hardware Co. v. National Labor Relations BoardSupreme Court of the United States · 1972

5 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Terri Wright v. Eugene & Agnes E. Meyer FoundationCourt of Appeals for the D.C. Circuit · 2023
  2. Northeastern Land Services, Ltd. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 2009
  3. Cintas Corp. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2007
  4. Contemporary Cars, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 2016
  5. Boch Imports, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 2016

18 more not listed; retrieve them via the Exa API.

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