Connecticut Institute for the Blind, Inc. d/b/a Oak Hill School

13 Cited authorities

Litton Financial Printing Division v. Nat'l Labor Relations Bd.
501 U.S. 190 (1991) Cited 795 times 8 Legal Analyses
Holding that where a court must determine the validity of an arbitration agreement, it "cannot avoid that duty" just because the court must decide an issue on the merits
Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
American Federation of Television & Radio Artists v. Nat'l Labor Relations Bd.
395 F.2d 622 (D.C. Cir. 1968) Cited 102 times 1 Legal Analyses
Applying Taft
Pleasantview Nursing Home, Inc. v. N.L.R.B
351 F.3d 747 (6th Cir. 2003) Cited 20 times 2 Legal Analyses
Holding that oral modification of a collective bargaining agreement was ineffective in the presence of "an express zipper clause prohibiting modification except by written agreement"
Naperville Ready Mix, Inc. v. N.L.R.B
242 F.3d 744 (7th Cir. 2001) Cited 20 times 1 Legal Analyses
Noting Board did not invoke "sham transaction" doctrine where legal transfer of title was undisputed
Grinnell Fire Protection Systems v. N.L.R.B
236 F.3d 187 (4th Cir. 2000) Cited 12 times 1 Legal Analyses
Noting that when, among other factors, a new negotiator was substituted, "the lack of a significant bargaining history would dictate giving the parties a fuller opportunity to effect an agreement than occurred here"
Visiting Nurse Services of Western Massachusetts, Inc. v. Nat'l Labor Relations Bd.
177 F.3d 52 (1st Cir. 1999) Cited 12 times
Rejecting employer's suggestion that a union cannot insist on negotiating an entire contract rather than piecemeal negotiation
Duffy Tool Stamping, L.L.C. v. N.L.R.B
233 F.3d 995 (7th Cir. 2000) Cited 10 times
Describing exception as requiring immediate action to "stave off disaster"
N.L.R.B. v. Powell Elec. Mfg. Co.
906 F.2d 1007 (5th Cir. 1990) Cited 15 times
Finding no impasse where “little substantive bargaining had taken place” during the parties' few negotiation sessions and the union had made proposals that “obviously were grist for the collective bargaining mill”
Nat'l Labor Relations Bd. v. WPIX, Inc.
906 F.2d 898 (2d Cir. 1990) Cited 9 times
Concluding that union's dismissal of employer's proposals as "ridiculous" or a "slap in the face" did not constitute conclusive evidence of impasse, recognizing that "exaggeration, posturing and dilatory tactics . . . might be expected in labor negotiations"

Connecticut Institute for the Blind, Inc. d/b/a Oak Hill School

13 Cited authorities

Holding that where a court must determine the validity of an arbitration agreement, it "cannot avoid that duty" just because the court must decide an issue on the merits

Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Applying Taft

Holding that oral modification of a collective bargaining agreement was ineffective in the presence of "an express zipper clause prohibiting modification except by written agreement"

Noting Board did not invoke "sham transaction" doctrine where legal transfer of title was undisputed

Noting that when, among other factors, a new negotiator was substituted, "the lack of a significant bargaining history would dictate giving the parties a fuller opportunity to effect an agreement than occurred here"

Rejecting employer's suggestion that a union cannot insist on negotiating an entire contract rather than piecemeal negotiation

Describing exception as requiring immediate action to "stave off disaster"

Finding no impasse where “little substantive bargaining had taken place” during the parties' few negotiation sessions and the union had made proposals that “obviously were grist for the collective bargaining mill”

Concluding that union's dismissal of employer's proposals as "ridiculous" or a "slap in the face" did not constitute conclusive evidence of impasse, recognizing that "exaggeration, posturing and dilatory tactics . . . might be expected in labor negotiations"