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DYNAMIC ENERGY, INC., AND JUSTICE HIGHWALL MINING, INC., AND M&P SERVCES, INC.

09-CA-045772 (N.L.R.B. Aug. 10, 2011)
DYNAMIC ENERGY, INC., AND JUSTICE HIGHWALL MINING, INC., AND M&P SERVCES, INC.

39 Cited authorities

  1. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,626 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”

  2. Steelworkers v. Enterprise Corp.

    363 U.S. 593 (1960)   Cited 3,900 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

  3. Consol. Rail Corp. v. Railway Labor Executives

    491 U.S. 299 (1989)   Cited 606 times
    Holding a dispute was minor because it was "arguably justified by the implied terms of its collective-bargaining agreement"

  4. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 657 times   11 Legal Analyses
    Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

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

    395 U.S. 575 (1969)   Cited 1,036 times   71 Legal Analyses
    Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

  6. Labor Board v. Katz

    369 U.S. 736 (1962)   Cited 712 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"

  7. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  8. Southport Pet., Co. v. N.L.R.B

    315 U.S. 100 (1942)   Cited 187 times
    Ruling that dissolution of company and transfer of assets did not prevent enforcement of a Board order

  9. Bell Aerospace Co. Division of Textron, Inc. v. Local 516, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America

    500 F.2d 921 (2d Cir. 1974)   Cited 204 times
    Finding an arbitration award "contradictory on its face" and remanding for clarification

  10. Hyatt Corp. v. N.L.R.B

    939 F.2d 361 (6th Cir. 1991)   Cited 100 times
    Upholding Section 8 violations, under Birch Run's general layoff theory, where three union supporters and nine other employees were discharged over a seven month period

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,707 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,335 times   86 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  13. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,313 times   98 Legal Analyses
    Granting "employees" the right to unionize

  14. Section 153 - National Labor Relations Board

    29 U.S.C. § 153   Cited 389 times   14 Legal Analyses
    Establishing National Labor Relations Board with an explicit removal limitation