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· 5/28/2003

National Labor Relations Board v. Dole Fresh Vegetables, Inc.

Citations

  • 334 F.3d 478
  • 172 L.R.R.M. (BNA) 2935
  • 2003 U.S. App. LEXIS 10788

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the secondary indicia relied upon by the employer did not prove supervisory status in the absence of primary-indicia evidence
  • holding that a single instance of an employee interviewing an applicant and passing along to an undisputed supervisor his opinion of the applicant’s experience and knowledge was insufficient to prove supervisory status
  • holding that two examples of alleged supervisors completing and signing written warnings to other employees was not sufficient to satisfy the employer’s burden of proof that the alleged supervisors had the authority to discipline
  • holding that general statements from the plant manager asserting that the challenged employees possessed supervisory responsibilities were not sufficient to meet the employer’s burden because the employer “did not present any specific evidence to support [the] statements”
  • deferring to an agency's narrow interpretation of a statutory exception to \resol[ve] ... the statutory ambiguity\

Source: CourtListener parenthetical corpus (CC0).

Judges: Suhrheinrich, Cole, Carr

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.