National Labor Relations Board, and Local 1199, Drug, Hospital and Health Care Employees Union, Intervenor v. Rock Bottom Stores, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
FEINBERG, Circuit Judge:
The National Labor Relations Board (the Board) petitions to enforce its order finding that respondent Rock Bottom Stores, Inc. (Rock Bottom) violated § 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1) & (5). The central issue is the status of 12 employees who worked as trainees at Rock Bottom’s store in Commack, New York, before the store was closed and relocated. The Board found that these employees qualified as “transferees” to Rock Bottom’s new store. As a result, the Board concluded that a “substantial percentage” (approximately 40% or…
2Cases cited9 opinions
- National Labor Relations Board v. Marcus Trucking Co., Inc.Court of Appeals for the Second Circuit · 1961
- National Labor Relations Board v. Tricor Products, Inc., And/or C & J Pattern Co.Court of Appeals for the Tenth Circuit · 1980
- National Labor Relations Board v. Solid Waste Services, Inc., Doing Business as J.P. Mascaro & Sons, Inc.Court of Appeals for the Second Circuit · 1994
- National Labor Relations Board v. J. Coty Messenger Service, Inc.Court of Appeals for the Second Circuit · 1985
- United States v. Armand W. Robinson, Sr.Court of Appeals for the Seventh Circuit · 1987
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3Cited by13 opinions
- Leach Corp. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1995
- King Soopers, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Eighth Circuit · 2001
- National Labor Relations Board v. F & A Food Sales, Inc.Court of Appeals for the Tenth Circuit · 2000
- National Labor Relations Board v. Katz's Delicatessen Of Houston Street, Inc.Court of Appeals for the Second Circuit · 1996
- Kaolin Workers Union v. Pa. Labor Relations Bd.Commonwealth Court of Pennsylvania · 2016
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