Federal Security Inc.

10 Cited authorities

San Diego Unions v. Garmon
359 U.S. 236 (1959) Cited 2,558 times 33 Legal Analyses
Holding that "the States as well as the federal court must defer to the exclusive competence of the National Labor Relations Board" if "an activity is arguably subject to § 7 or § 8 of the [NLRA]"
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 652 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."
Machinists v. Wisconsin Emp. Rel. Comm'n
427 U.S. 132 (1976) Cited 465 times 17 Legal Analyses
Holding that state law is preempted where it would upset the congressionally defined balance of power between management and labor by regulating activity Congress deliberately left unregulated
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Labor Bd. v. Washington Aluminum Co.
370 U.S. 9 (1962) Cited 206 times 3 Legal Analyses
Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections
BPS Guard Services, Inc. v. International Union of United Plant Guard Workers, Local 228
45 F.3d 205 (7th Cir. 1995) Cited 13 times
Rejecting impossibility defense raised for the first time in collateral judicial proceedings challenging arbitration award
Abilities and Goodwill, Inc. v. N.L.R.B
612 F.2d 6 (1st Cir. 1979) Cited 22 times 1 Legal Analyses
Listing factors to be considered when determining whether concerted action is protected
Westinghouse Electric Corporation v. N.L.R.B
424 F.2d 1151 (7th Cir. 1970) Cited 20 times
In Westinghouse Electric Corp. v. NLRB, 424 F.2d 1151 (7th Cir.), cert. denied, 400 U.S. 831, 91 S.Ct. 63, 27 L.Ed.2d 62 (1970), the Seventh Circuit permitted the Board to use a 50% formula to determine whether certain workers could vote in a union election.
N.L.R.B. v. Marsden
701 F.2d 238 (2d Cir. 1983) Cited 6 times
In Marsden, the Second Circuit held that a work stoppage was unprotected because the employees failed to associate the work stoppage with a specific demand related to the conditions of employment.
Nat'l Labor Relations Bd. v. Ogle Protection Service, Inc.
444 F.2d 502 (6th Cir. 1971) Cited 3 times 3 Legal Analyses
No. 21049. June 30, 1971. Stanley R. Zirkin, Atty., N.L.R.B., Washington, D.C., for petitioner; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Elliott Moore, Stanley R. Zirkin, Attys., N.L.R.B., Washington, D.C., on brief. Douglas C. Dahn, Detroit, Mich., for respondents; Tolleson, Burgess Mead, Robert D. Welchli, Detroit, Mich., on brief. Before CELEBREZZE, PECK and McCREE, Circuit Judges. PER CURIAM. This case is before us a second

Federal Security Inc.

10 Cited authorities

Holding that "the States as well as the federal court must defer to the exclusive competence of the National Labor Relations Board" if "an activity is arguably subject to § 7 or § 8 of the [NLRA]"

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."

Holding that state law is preempted where it would upset the congressionally defined balance of power between management and labor by regulating activity Congress deliberately left unregulated

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

Rejecting impossibility defense raised for the first time in collateral judicial proceedings challenging arbitration award

Listing factors to be considered when determining whether concerted action is protected

In Westinghouse Electric Corp. v. NLRB, 424 F.2d 1151 (7th Cir.), cert. denied, 400 U.S. 831, 91 S.Ct. 63, 27 L.Ed.2d 62 (1970), the Seventh Circuit permitted the Board to use a 50% formula to determine whether certain workers could vote in a union election.

In Marsden, the Second Circuit held that a work stoppage was unprotected because the employees failed to associate the work stoppage with a specific demand related to the conditions of employment.