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Benjamin Coal Co. And Empire Coal Co., Inc., And/Or Benjamin Coal, Co., Debtor-In-Possession, And Empire Coal Co., Debtor-In-Possession

294 N.L.R.B. 572 (N.L.R.B. 1989)
Benjamin Coal Co. And Empire Coal Co., Inc., And/Or Benjamin Coal, Co., Debtor-In-Possession, And Empire Coal Co., Debtor-In-Possession

22 Cited authorities

  1. Nat'l Labor Relations Bd. v. Bildisco & Bildisco

    465 U.S. 513 (1984)   Cited 1,161 times   22 Legal Analyses
    Holding that the failure of Congress to draft an exclusion for certain collective bargaining agreements in 11 U.S.C. § 365 indicates that the provision applies to all such agreements, in light of the previous use of such an exclusion by Congress in 11 U.S.C. § 1167

  2. Nat'l Labor Relations Bd. v. Gissel Packing Co.

    395 U.S. 575 (1969)   Cited 1,035 times   67 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  3. Labor Board v. Parts Co.

    375 U.S. 405 (1964)   Cited 213 times   1 Legal Analyses
    Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

  4. N.L.R.B. v. Jamaica Towing, Inc.

    632 F.2d 208 (2d Cir. 1980)   Cited 50 times
    Holding that "hallmark" violations of NLRA "include such employer misbehavior as the closing of a plant or threats of plant closure or loss of employment, the grant of benefits to employees, or the reassignment, demotion or discharge of union adherents" and lesser violations "include such employer misconduct as interrogating employees regarding their union sympathies, holding out a `carrot' of promised benefits, expressing anti-union resolve, threatening that unionization will result in decreased benefits, or suggesting that physical force might be used to exclude the union"

  5. N.L.R.B. v. Brookwood Furniture, Div. of U.S.

    701 F.2d 452 (5th Cir. 1983)   Cited 39 times
    Finding an interrogation coercive where it was combined with the threat of reprisal

  6. Nat'l Labor Relations Bd. v. Village IX, Inc.

    723 F.2d 1360 (7th Cir. 1983)   Cited 33 times
    Finding the employer's adoption of a rule was motivated by an antiunion position and thus violated the Act

  7. Hedstrom Co. v. N.L.R.B

    558 F.2d 1137 (3d Cir. 1977)   Cited 32 times
    Holding statements made by low-level supervisor to be coercive

  8. N.L.R.B. v. Katz

    701 F.2d 703 (7th Cir. 1983)   Cited 21 times
    Finding a prima facie case for overturning an election in which a priest, who was not a union agent, stated that workers should vote for the union because the company's owners were Jewish and "Jewish people are rich and we are poor and killing ourselves for them"

  9. N.L.R.B. v. Herbert Halperin Distrib. Corp.

    826 F.2d 287 (4th Cir. 1987)   Cited 16 times
    Holding that an employer seeking to set aside an election bears the “heavy burden” of showing that infractions “materially affected the election results”

  10. N.L.R.B. v. Horizon Air Services, Inc.

    761 F.2d 22 (1st Cir. 1985)   Cited 18 times
    Affirming bargaining order because the egregious actions of the employer "constitute a more than ample basis for a sound inference of future interference and/or enduring aftereffects"

  11. Section 6621 - Determination of rate of interest

    26 U.S.C. § 6621   Cited 1,874 times   23 Legal Analyses
    Applying a higher interest rate to past liabilities resulting from tax-motivated transactions