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"
Noting that the "litigation provoking problem" in deciding whether federal jurisdiction exists in such cases is determining "the degree to which federal law must be in the forefront of the case and not be remote, collateral or peripheral"
In Rabouin v. N.L.R.B., 195 F.2d 906 (2nd Cir., 1962), Justice Clark, then a Circuit Judge, specifically held that a union's demand for damages equal in amount to the wages paid a non-union driver was not an attempted exaction in violation of ยง 8(b)(6).
In Guinan v. Famous Players-Lasky Corp. 267 Mass. 501, 516, the court said: "A violation of a statute, ordinance or regulation, although not conclusive, is evidence of negligence on the part of a violator as to all consequences that the statute, ordinance or regulation was intended to prevent."