Legal Opinion
Honeyville Grain, Inc. v. National Labor Relations Board
Court of Appeals for the Tenth Circuit
Decided April 27, 2006No. 04-9577, 04-9591PublishedCited by 1 opinion
1Opinion of the Court
*1271HENRY, Circuit Judge.
This case requires us to determine whether a majority vote for a representative union was actionably clouded by a sustained or inflammatory appeal to religious bias. We may set aside the certification of the election only if the National Labor Relations Board (“the Board”) incorrectly applied the law or its findings are not supported by substantial evidence. 29 U.S.C. § 160(e); NLRB v. Velocity Express, Inc., 434 F.3d 1198, 1201 (10th Cir. 2006). Consequently, the Board has “wide discretion” in judging the fairness of an election, and a party objecting to pre-election…
2Cases cited15 opinions
- Allentown MacK Sales & Service, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1998
- Mosey Manufacturing Company, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1983
- National Labor Relations Board v. Sumter Plywood CorporationCourt of Appeals for the Fifth Circuit · 1976
- National Labor Relations Board v. Paul Katz and Sylvia Katz, D/B/A Triplex Manufacturing CompanyCourt of Appeals for the Seventh Circuit · 1983
- Schneider Mills, Inc. And Jimmy and Josh, Inc. v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1968
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3Cited by1 opinion
- Honeyville Grain, Inc. v. National Labor Relations BoardCourt of Appeals for the Tenth Circuit · 2006