ACF Industries, LLC

21 Cited authorities

Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Certiorari Denied
534 U.S. 1130 (2002) Cited 89 times
Noting the "requirement that a plaintiff establish a discriminatory discharge in order to receive lost pay"
Labor Board v. Borg-Warner Corp.
356 U.S. 342 (1958) Cited 296 times 1 Legal Analyses
Holding employer's insistence on a ballot clause was an unfair labor practice under § 8 because it was a non-mandatory subject of bargaining and it "substantially modifies the collective-bargaining system provided for in the statute by weakening the independence of the 'representative' chosen by the employees. It enables the employer, in effect, to deal with its employees rather than with their statutory representative."
Chicago Typographical v. Chicago Sun-Times
935 F.2d 1501 (7th Cir. 1991) Cited 123 times 1 Legal Analyses
Holding that even where interpretive route is not spelled out or there is an "error in interpretation," the award stands as long as there is a "possible interpretive route to the award"
American Federation of Television & Radio Artists v. Nat'l Labor Relations Bd.
395 F.2d 622 (D.C. Cir. 1968) Cited 102 times 1 Legal Analyses
Applying Taft
Country Ford Trucks, Inc. v. N.L.R.B
229 F.3d 1184 (D.C. Cir. 2000) Cited 23 times
Holding that although "broader unit encompassing all parts and service department employees at both facilities" may have been appropriate, Board not " required" to include all such employees in unit in light of differences between facilities
Truserv Corp. v. N.L.R.B
254 F.3d 1105 (D.C. Cir. 2001) Cited 19 times
Holding that an employer "was not free to replace unilaterally the contractual grievance procedure"
Richmond Recording Corp. v. N.L.R.B
836 F.2d 289 (7th Cir. 1987) Cited 30 times
Asserting that an impasse does not exist unless "[b]oth parties ... believe that they are at the end of their rope"
Central Transport Inc. v. N.L.R.B
997 F.2d 1180 (7th Cir. 1993) Cited 22 times
In Central Transport the court rejected the Board's finding that Central had a joint employer duty to bargain with employees it leased from Big John Inc. because the union's representation petition and the Board's representation certification named only Big John Inc. as the employer.

ACF Industries, LLC

21 Cited authorities

Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Approving "discovery-type standard"

Noting the "requirement that a plaintiff establish a discriminatory discharge in order to receive lost pay"

Holding that even where interpretive route is not spelled out or there is an "error in interpretation," the award stands as long as there is a "possible interpretive route to the award"

Applying Taft

Holding that although "broader unit encompassing all parts and service department employees at both facilities" may have been appropriate, Board not " required" to include all such employees in unit in light of differences between facilities

Holding that an employer "was not free to replace unilaterally the contractual grievance procedure"

Asserting that an impasse does not exist unless "[b]oth parties ... believe that they are at the end of their rope"

In Central Transport the court rejected the Board's finding that Central had a joint employer duty to bargain with employees it leased from Big John Inc. because the union's representation petition and the Board's representation certification named only Big John Inc. as the employer.