Dubuque Packing Co.

13 Cited authorities

Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 734 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
Metropolitan Edison Co. v. Nat'l Labor Relations Bd.
460 U.S. 693 (1983) Cited 314 times 8 Legal Analyses
Holding that a union may, under certain circumstances, waive members' NLRA rights
First National Maintenance Corp. v. Nat'l Labor Relations Bd.
452 U.S. 666 (1981) Cited 270 times 16 Legal Analyses
Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons
H. K. Porter Co. v. Nat'l Labor Relations Bd.
397 U.S. 99 (1970) Cited 222 times 2 Legal Analyses
Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."
Int'l Ladies' Garment Workers U. v. N.L.R.B
463 F.2d 907 (D.C. Cir. 1972) Cited 61 times
In Ladies' Garment Workers, the Second Circuit stated that "no genuine bargaining... can be conducted where the decision has already been made and implemented."
United Food Commercial Wkrs. v. N.L.R.B
880 F.2d 1422 (D.C. Cir. 1989) Cited 27 times
Holding that we typically review a final NLRB decision for arbitrariness
Nat'l Labor Relations Bd. v. Plymouth Stamping Division, Eltec Corp.
870 F.2d 1112 (6th Cir. 1989) Cited 14 times
Holding that company’s decision to transfer and subcontract its parts assembly operation was a mandatory bargaining subject because the transfer did not significantly alter the nature of the company’s business, company incurred no significant capital expenditures, and transfer occurred shortly after company unsuccessfully sought economic concessions from the union
Litton Microwave Cooking Products v. N.L.R.B
868 F.2d 854 (6th Cir. 1989) Cited 13 times 1 Legal Analyses
Stating that courts "will not normally disturb the credibility assessments of the [ARB] or an administrative law judge, `who has observed the demeanor of the witnesses'"
N.L.R.B. v. Rapid Bindery, Inc.
293 F.2d 170 (2d Cir. 1961) Cited 48 times
In NLRB v. Rapid Bindery Inc., 293 F.2d at 176, the Second Circuit held that "conjecture or rumor is not an adequate substitute for an employer's formal notice to a union of a vital change in working conditions.
Arrow Automotive Industries, Inc. v. N.L.R.B
853 F.2d 223 (4th Cir. 1988) Cited 10 times
In Arrow, the company's actions, "however they might be labeled, were not a subject of mandatory bargaining when examined in light of the analysis set forth by the Supreme Court."

Dubuque Packing Co.

13 Cited authorities

Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

Holding that a union may, under certain circumstances, waive members' NLRA rights

Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons

Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."

In Ladies' Garment Workers, the Second Circuit stated that "no genuine bargaining... can be conducted where the decision has already been made and implemented."

Holding that we typically review a final NLRB decision for arbitrariness

Stating that courts "will not normally disturb the credibility assessments of the [ARB] or an administrative law judge, `who has observed the demeanor of the witnesses'"

In NLRB v. Rapid Bindery Inc., 293 F.2d at 176, the Second Circuit held that "conjecture or rumor is not an adequate substitute for an employer's formal notice to a union of a vital change in working conditions.

In Arrow, the company's actions, "however they might be labeled, were not a subject of mandatory bargaining when examined in light of the analysis set forth by the Supreme Court."