Action Carting Environmental Services

10 Cited authorities

Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,209 times 2 Legal Analyses
Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
Air Line Pilots v. O'Neill
499 U.S. 65 (1991) Cited 1,076 times 4 Legal Analyses
Holding that this rule "applies to all union activity"
Steelworkers v. Rawson
495 U.S. 362 (1990) Cited 571 times 1 Legal Analyses
Holding that union could contractually undertake, in collective bargaining agreement, other duties towards member employees in addition to statutorily-imposed duty of fair representation
Nat'l Labor Relations Bd. v. Wyman-Gordon Co.
394 U.S. 759 (1969) Cited 809 times 3 Legal Analyses
Holding invalid a legislative rule developed in agency adjudication
Laurel Baye Healthcare of Lake Lanier, Inc. v. Nat'l Labor Relations Bd.
564 F.3d 469 (D.C. Cir. 2009) Cited 30 times 2 Legal Analyses
Holding that two-member NLRB cannot issue decisions
Snell Island SNF LLC v. Nat'l Labor Relations Bd.
568 F.3d 410 (2d Cir. 2009) Cited 19 times 1 Legal Analyses
In Snell Island SNF LLC v. National Labor Relations Board, 568 F.3d 410 (2d Cir. 2009), we held that two Board members may exercise the Board's authority in such circumstances as a quorum of a three-member delegate group, overridden that holding in New Process Steel, L.P. v. National Labor Relations Board, ___ U.S. ___, 130 S.Ct. 2635, ___ L.Ed.2d ___, 2010 WL 2400089 (2010).
New Process Steel, L.P. v. N.L.R.B
564 F.3d 840 (7th Cir. 2009) Cited 15 times 4 Legal Analyses
In New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit concluded that a two-member panel of the NLRB — the same panel that adjudicated the instant case — "had authority to hear the labor dispute," id. at 848.
NLRB v. CWI of Maryland, Inc.
127 F.3d 319 (4th Cir. 1997) Cited 27 times
Enforcing bargaining order where employer constructively discharged all bargaining unit employees
Northeastern Land v. National Labor Relations
560 F.3d 36 (1st Cir. 2009) Cited 14 times 2 Legal Analyses
In Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), the court held that, "[t]he Board's delegation of its institutional power to a panel that ultimately consisted of a two-member quorum because of a vacancy was lawful under the plain text of section 3(b)."
Hotel Emp. Restaurant Emp. Un. v. N.L.R.B
760 F.2d 1006 (9th Cir. 1985) Cited 26 times 6 Legal Analyses
Affirming Rossmore House, 269 NLRB 1176

Action Carting Environmental Services

10 Cited authorities

Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

Holding that this rule "applies to all union activity"

Holding that union could contractually undertake, in collective bargaining agreement, other duties towards member employees in addition to statutorily-imposed duty of fair representation

Holding invalid a legislative rule developed in agency adjudication

Holding that two-member NLRB cannot issue decisions

In New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit concluded that a two-member panel of the NLRB — the same panel that adjudicated the instant case — "had authority to hear the labor dispute," id. at 848.

Enforcing bargaining order where employer constructively discharged all bargaining unit employees

In Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), the court held that, "[t]he Board's delegation of its institutional power to a panel that ultimately consisted of a two-member quorum because of a vacancy was lawful under the plain text of section 3(b)."

Affirming Rossmore House, 269 NLRB 1176