American Baptist Homes of the West d/b/a Piedmont Gardens

37 Cited authorities

Linn v. Plant Guard Workers
383 U.S. 53 (1966) Cited 732 times 16 Legal Analyses
Holding as preempted all defamation actions in labor disputes except those published with actual malice
Machinists v. Wisconsin Emp. Rel. Comm'n
427 U.S. 132 (1976) Cited 465 times 17 Legal Analyses
Holding that state law is preempted where it would upset the congressionally defined balance of power between management and labor by regulating activity Congress deliberately left unregulated
Belknap, Inc. v. Hale
463 U.S. 491 (1983) Cited 277 times
Holding that the NLRA does not preempt state law contract actions by replacement workers to enforce terms of an employment contract
Labor Board v. Brown
380 U.S. 278 (1965) Cited 473 times 2 Legal Analyses
Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"
Nat'l Labor Relations Bd. v. Allis-Chalmers Manufacturing Co.
388 U.S. 175 (1967) Cited 335 times
Holding that majority rule concept is at the center of federal labor policy
American Ship Bldg. v. Labor Board
380 U.S. 300 (1965) Cited 351 times 4 Legal Analyses
Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 359 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
Labor Board v. Insurance Agents
361 U.S. 477 (1960) Cited 325 times 2 Legal Analyses
Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 234 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,083 times 24 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB
Section 3345 - Acting officer
5 U.S.C. § 3345 Cited 178 times 29 Legal Analyses
Providing that an Acting Director may be an inferior officer within the PTO
Section 163 - Right to strike preserved
29 U.S.C. § 163 Cited 117 times
Preserving the right to strike
Section 3348 - Vacant office
5 U.S.C. § 3348 Cited 86 times 5 Legal Analyses
Containing the antiratification provision

American Baptist Homes of the West d/b/a Piedmont Gardens

37 Cited authorities

Holding as preempted all defamation actions in labor disputes except those published with actual malice

Holding that state law is preempted where it would upset the congressionally defined balance of power between management and labor by regulating activity Congress deliberately left unregulated

Holding that the NLRA does not preempt state law contract actions by replacement workers to enforce terms of an employment contract

Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"

Holding that majority rule concept is at the center of federal labor policy

Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Providing that an Acting Director may be an inferior officer within the PTO

Preserving the right to strike

Containing the antiratification provision