Arrow Industries, Inc.

8 Cited authorities

Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 322 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 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.
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
N.L.R.B. v. W. C. McQuaide, Inc.
552 F.2d 519 (3d Cir. 1977) Cited 40 times
In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.
Local 542, Int'l Un. of Oper. E. v. N.L.R.B
328 F.2d 850 (3d Cir. 1964) Cited 44 times
No. 14286. Argued October 10, 1963. Decided March 13, 1964. Abraham E. Freedman, Philadelphia, Pa. (Martin J. Vigderman, Wilfred F. Lorry, Freedman, Landy Lorry, Philadelphia, Pa., on the brief), for petitioner. Leo Maguire, Atty., N.L.R.B., Washington, D.C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin Pollack, Atty., N.L.R.B., on the brief), for respondent. Earle K. Shawe, Baltimore, Md. (Sidney J. Barban, Baltimore,
N.L.R.B. v. Hartmann Luggage Company
453 F.2d 178 (6th Cir. 1971) Cited 25 times
Holding that a striker who told a supervisor that it would be a shame for the strikers to have to kill him was protected because his statement was obviously hyperbole
Associated Grocers of New England v. N.L.R.B
562 F.2d 1333 (1st Cir. 1977) Cited 17 times
In Associated Grocers a striking employee made an obscene gesture to and hurled crude epithets at a supervising employee and strike-breaking accomplices.
C.H. Guenther Son, Inc. v. N.L.R.B
427 F.2d 983 (5th Cir. 1970) Cited 21 times
No. 27495. June 1, 1970. Allen P. Schoolfield, Jr., Dallas, Tex., John H. Wood, Jr., San Antonio, Tex., for petitioner. Marcel Mallet-Prevost, Asst. Gen. Counsel, Abigail C. Basker, Washington, D.C., N.L.R.B., Clifford W. Potter, Director, N.L.R.B., Houston, Tex., for respondent. Before WISDOM, GOLDBERG, and INGRAHAM, Circuit Judges. WISDOM, Circuit Judge: This case is before the Court upon petition to review an order of the National Labor Relations Board issued against C.H. Guenther Son, Inc., doing

Arrow Industries, Inc.

8 Cited authorities

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

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 while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.

Holding that a striker who told a supervisor that it would be a shame for the strikers to have to kill him was protected because his statement was obviously hyperbole

In Associated Grocers a striking employee made an obscene gesture to and hurled crude epithets at a supervising employee and strike-breaking accomplices.