CHAPIN HILL AT RED BANK

10 Cited authorities

Steelworkers v. Enterprise Corp.
363 U.S. 593 (1960) Cited 3,893 times 2 Legal Analyses
Holding that a reviewing court should not refuse to enforce an arbitral award merely because it would read the collective bargaining agreement differently than the arbitrator
Wright v. Universal Mar. Serv. Corp.
525 U.S. 70 (1998) Cited 544 times 5 Legal Analyses
Holding that requirement contained in CBA requiring parties to arbitrate employment discrimination claims must be clear and unmistakable, and that “less-than-explicit” waiver was insufficient
Machinists Local v. Labor Board
362 U.S. 411 (1960) Cited 276 times 2 Legal Analyses
Holding that “a finding of violation which is inescapably grounded on events predating the limitations period” is untimely
Nat'l Labor Relations Bd. v. C & C Plywood Corp.
385 U.S. 421 (1967) Cited 117 times
Holding that the NLRB has the authority to interpret CBAs in the first instance where its interpretation is for the purpose of “enforc[ing] a statutory right which Congress considered necessary to allow labor and management to get on with the process of reaching fair terms and conditions of employment”
Inland Steel Co. v. National Labor Rel. Board
170 F.2d 247 (7th Cir. 1949) Cited 156 times 2 Legal Analyses
Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"
Local Union 1395, Intern. Broth. v. N.L.R.B
797 F.2d 1027 (D.C. Cir. 1986) Cited 50 times
Adopting this section of the Restatement
Bath Marine v. N.L.R.B
475 F.3d 14 (1st Cir. 2007) Cited 20 times 4 Legal Analyses
Holding that a motion for reconsideration was not required to exhaust where the Board had "adequate notice" of the party's position
Automotive Council v. N.L.R.B
483 F.3d 628 (9th Cir. 2007) Cited 13 times
Concluding that substantial evidence supported the NLRB's finding that labor organization "did not have actual or constructive knowledge" of unfair labor practices
Conoco Inc. v. Nat'l Labor Relations Bd.
91 F.3d 1523 (D.C. Cir. 1996) Cited 5 times
Holding that an applicable management's rights clause authorized the unilateral modification of rights and obligations, where such unilateral modification was expressly provided for by the CBA
Western Massachusetts Elec. Co. v. N.L.R.B
573 F.2d 101 (1st Cir. 1978) Cited 12 times
Acknowledging that when an employer makes "assertions, the duty to bargain in good faith required [the employer] to provide, upon demand, such information as was reasonably necessary to substantiate them"

CHAPIN HILL AT RED BANK

10 Cited authorities

Holding that a reviewing court should not refuse to enforce an arbitral award merely because it would read the collective bargaining agreement differently than the arbitrator

Holding that requirement contained in CBA requiring parties to arbitrate employment discrimination claims must be clear and unmistakable, and that “less-than-explicit” waiver was insufficient

Holding that “a finding of violation which is inescapably grounded on events predating the limitations period” is untimely

Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"

Adopting this section of the Restatement

Holding that a motion for reconsideration was not required to exhaust where the Board had "adequate notice" of the party's position

Concluding that substantial evidence supported the NLRB's finding that labor organization "did not have actual or constructive knowledge" of unfair labor practices

Holding that an applicable management's rights clause authorized the unilateral modification of rights and obligations, where such unilateral modification was expressly provided for by the CBA

Acknowledging that when an employer makes "assertions, the duty to bargain in good faith required [the employer] to provide, upon demand, such information as was reasonably necessary to substantiate them"