Presbyterian/st. Luke's Medical Center v. National Labor Relations Board, and St. Luke's Federation of Nurses and Health Professionals, Intervenor

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 Board’s use of the presumption in representation proceedings is inconsistent with its burden of persuasion in the unfair labor practice proceedings
• holding that the National Labor Relations Board had acted contrary to Rule 301 by using a Board-created presumption to shift the burden of persuasion, rather than the burden of production
• “In those presumptions [controlled by Fed. R. Evid. 301], the presumption disappears upon introduction of evidence sufficient to sustain a finding of the nonexistence of the presumed fact.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).