Atlas Plastering, Inc.

14 Cited authorities

Steelworkers v. Warrior Gulf Co.
363 U.S. 574 (1960) Cited 5,612 times 6 Legal Analyses
Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”
Alexander v. Gardner-Denver Co.
415 U.S. 36 (1974) Cited 2,875 times 18 Legal Analyses
Holding that workers may bring Title VII discrimination claims in federal court notwithstanding an arbitration provision in a CBA
Teamsters Local v. Lucas Flour Co.
369 U.S. 95 (1962) Cited 1,181 times
Holding that "under the mandate of Lincoln Mills " federal labor law is "paramount" when deciding issues raised under § 301
Boys Markets v. Clerks Union
398 U.S. 235 (1970) Cited 856 times 2 Legal Analyses
Holding that the Norris–LaGuardia Act's anti-injunction provisions do not bar enforcement of arbitration agreements
Gateway Coal Co. v. Mine Workers
414 U.S. 368 (1974) Cited 369 times 1 Legal Analyses
Finding that contractual agreement to submit disagreements to binding arbitration included disputes over safety and thus gave rise to implied obligation not to strike over such disputes
Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
Pacemaker Yacht Co., Etc. v. N.L.R.B
663 F.2d 455 (3d Cir. 1981) Cited 22 times
In Pacemaker Yacht Co. v. N.L.R.B., 663 F.2d 455 (3d Cir. 1981), the court stated that "[t]he principle of coterminous interpretation, however, is not a rule of law, but merely a tool of contract interpretation... which `must be applied to the facts of each case.'"
Delaware Coca-Cola, Etc. v. General Teamster
624 F.2d 1182 (3d Cir. 1980) Cited 23 times
Holding that a sympathy strike does not violate the no-strike clause because the union was not striking over an arbitrable issue
Kellogg Company v. N.L.R.B
457 F.2d 519 (6th Cir. 1972) Cited 33 times
In Kellogg Co. v. NLRB, 457 F.2d 519, 525 (6th Cir. 1972), we stated that the employees' right to honor another's picketline may only be waived through "clear and unmistakable language."
Gary Hobart Water Corporation v. N.L.R.B
511 F.2d 284 (7th Cir. 1975) Cited 26 times
In Gary Hobart, not only was the contract lacking any acknowledgement of the industrial necessity to avoid work stoppages, but the no-strike clause and the grievance and arbitration procedures of the contract were fundamentally related.
Section 157 - Right of employees as to organization, collective bargaining, etc.
29 U.S.C. § 157 Cited 3,300 times 97 Legal Analyses
Granting employees the right to engage in or refrain from engaging in union activity
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,873 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Atlas Plastering, Inc.

14 Cited authorities

Holding that workers may bring Title VII discrimination claims in federal court notwithstanding an arbitration provision in a CBA

Holding that "under the mandate of Lincoln Mills " federal labor law is "paramount" when deciding issues raised under § 301

Holding that the Norris–LaGuardia Act's anti-injunction provisions do not bar enforcement of arbitration agreements

Finding that contractual agreement to submit disagreements to binding arbitration included disputes over safety and thus gave rise to implied obligation not to strike over such disputes

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

In Pacemaker Yacht Co. v. N.L.R.B., 663 F.2d 455 (3d Cir. 1981), the court stated that "[t]he principle of coterminous interpretation, however, is not a rule of law, but merely a tool of contract interpretation... which `must be applied to the facts of each case.'"

Holding that a sympathy strike does not violate the no-strike clause because the union was not striking over an arbitrable issue

In Kellogg Co. v. NLRB, 457 F.2d 519, 525 (6th Cir. 1972), we stated that the employees' right to honor another's picketline may only be waived through "clear and unmistakable language."

In Gary Hobart, not only was the contract lacking any acknowledgement of the industrial necessity to avoid work stoppages, but the no-strike clause and the grievance and arbitration procedures of the contract were fundamentally related.

Granting employees the right to engage in or refrain from engaging in union activity

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions