Century Wine & Spirits

10 Cited authorities

Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.
484 U.S. 539 (1988) Cited 330 times
Holding that the remedy provided in §§ 515 and 502(g) "is limited to the collection of `promised contributions' and does not confer jurisdiction on district courts to determine whether an employer's unilateral decision to refuse to make post-contract contributions constitutes a violation of the NLRA."
Labor Board v. Lion Oil Co.
352 U.S. 282 (1957) Cited 139 times
Observing that the court bears "a judicial responsibility to find that interpretation which can most fairly be said to be embedded in the statute, in the sense of being most harmonious with its scheme and with the general purposes that Congress manifested"
Local Union No. 47 v. N.L.R.B
927 F.2d 635 (D.C. Cir. 1991) Cited 26 times 1 Legal Analyses
Affirming NLRB's ruling that a "wage reopener" clause was effective even though the clause had been carried forward from prior contracts without substantial change for forty years
Ciba-Geigy Pharmaceuticals Div. v. N.L.R.B
722 F.2d 1120 (3d Cir. 1983) Cited 17 times
In Ciba-Geigy Pharmaceuticals Division v. NLRB, 722 F.2d 1120 (3d Cir. 1983), the court rejected an argument that an "extracontractual residual rights" theory allowed imposition of attendance rules.
N.L.R.B. v. Pilot Freight Carriers, Inc.
558 F.2d 205 (4th Cir. 1977) Cited 13 times
No. 76-1089. Argued September 15, 1976. Decided June 29, 1977. Andrew F. Tranovich, Atty., N.L.R.B., Washington, D.C. (John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Paul J. Spielberg, Atty., N.L.R.B., Washington, D.C., on brief), for petitioner. Robert M. Baptiste, Washington, D.C. (Gary S. Witlen, and Angelo V. Arcadipane, Washington, D.C., on brief), for intervenor. John O. Pollard
Newspaper Drivers & Handlers Local # 372 v. Nat'l Labor Relations Bd.
735 F.2d 969 (6th Cir. 1984) Cited 4 times
In Newspaper Drivers, the issue presented to the court was whether an employer can be equitably estopped from claiming that workers previously recognized as "employees" under NLRA § 2(3), 29 U.S.C. § 152(3), are actually supervisors and thus not covered by the NLRA.
Oakland Press Co. v. N.L.R.B
606 F.2d 689 (6th Cir. 1979) Cited 7 times
In Oakland Press, we affirmed the National Labor Relations Board's adoption of an Administrative Law Judge's finding that a letter sent by a union representative provided sufficient notice to terminate the parties' contract.
KCW Furniture, Inc. v. Nat'l Labor Relations Bd.
634 F.2d 436 (9th Cir. 1980) Cited 3 times
In KCW Furniture, Inc. v. N.L.R.B., 634 F.2d 436 (9th Cir 1980), the duration clause stated expressly that a notice of intent to amend did not prevent the automatic renewal of the agreement — wording conspicuously absent from the parties' agreement here.
Newspaper Drivers Handlers v. N.L.R.B
682 F.2d 116 (6th Cir. 1982) Cited 1 times
No. 81-1023. Argued April 12, 1982. Decided June 29, 1982. Rehearing Denied August 23, 1982. Gerry M. Miller, Goldberg, Previant, Uelmen, Gratz, Miller, Levy Brueggeman, Milwaukee, Wis., for petitioner. Elliott Moore, Deputy Associate Gen. Counsel, Jolane Findley, N.L.R.B., Washington, D.C., L. Michael Zinser, Nashville, Tenn., for respondent. Robert L. Ballow, King Ballow, Daniel C. Kaufman, L. Michael Zinser, Nashville, Tenn., for intervenor. Petition for review from the National Labor Relations
Paterson Parchment P. Co. v. Int'l Brotherhood
191 F.2d 252 (3d Cir. 1951) Cited 27 times
Holding that a letter from a union was effective as a termination letter although it did not use the word "terminate"

Century Wine & Spirits

10 Cited authorities

Observing that the court bears "a judicial responsibility to find that interpretation which can most fairly be said to be embedded in the statute, in the sense of being most harmonious with its scheme and with the general purposes that Congress manifested"

Affirming NLRB's ruling that a "wage reopener" clause was effective even though the clause had been carried forward from prior contracts without substantial change for forty years

In Ciba-Geigy Pharmaceuticals Division v. NLRB, 722 F.2d 1120 (3d Cir. 1983), the court rejected an argument that an "extracontractual residual rights" theory allowed imposition of attendance rules.

In Newspaper Drivers, the issue presented to the court was whether an employer can be equitably estopped from claiming that workers previously recognized as "employees" under NLRA § 2(3), 29 U.S.C. § 152(3), are actually supervisors and thus not covered by the NLRA.

In Oakland Press, we affirmed the National Labor Relations Board's adoption of an Administrative Law Judge's finding that a letter sent by a union representative provided sufficient notice to terminate the parties' contract.

In KCW Furniture, Inc. v. N.L.R.B., 634 F.2d 436 (9th Cir 1980), the duration clause stated expressly that a notice of intent to amend did not prevent the automatic renewal of the agreement — wording conspicuously absent from the parties' agreement here.

Holding that a letter from a union was effective as a termination letter although it did not use the word "terminate"