Grand Lodge of Free and Accepted Masons, Masonic Home

15 Cited authorities

Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,198 times 14 Legal Analyses
Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"
Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
Labor Board v. Express Pub. Co.
312 U.S. 426 (1941) Cited 506 times 3 Legal Analyses
Holding that "the mere fact that a court has found that a defendant has committed an act in violation of a statute does not justify an injunction broadly to obey the statute"
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
Nat'l Labor Relations Bd. v. Thayer Co.
213 F.2d 748 (1st Cir. 1954) Cited 40 times
In Thayer, the court first announced that if the activity causing dismissal was protected under § 7 of the Act then denial of reinstatement was unlawful. If the activity was unprotected under § 7, however, the legality of the denial was to be determined according to a balancing test.
Nat'l Labor Relations Bd. v. Kobritz
193 F.2d 8 (1st Cir. 1951) Cited 43 times
Upholding an NLRB departure from a policy of declining to assert jurisdiction, on the ground that "the Board had jurisdiction all the time"
United States v. Heap
345 F.2d 170 (2d Cir. 1965) Cited 22 times
No. 383, Docket 29426. Argued March 17, 1965. Decided May 4, 1965. Daniel R. Murdock, Asst. U.S. Atty. (Robert M. Morgenthau, U.S. Atty., and Bernard W. Nassbaum, Asst. U.S. Atty., Southern Dist. of New York, New York City, on the brief), for appellee. Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellant. Before LUMBARD, Chief Judge, and MOORE and MARSHALL, Circuit Judges. LUMBARD, Chief Judge: John Heap appeals his conviction and five-year sentence
National Labor Relations Bd. v. Remington Rand
130 F.2d 919 (2d Cir. 1942) Cited 51 times
In N.L.R.B. v. Remington Rand, 2 Cir., 130 F.2d 919, 925, we held that Federal Rule of Civil Procedure, rule 53(e)(2), 28 U.S.C.A. — which provides that a Master's findings stand unless clearly erroneous — would be applicable, by analogy, to findings of a Master appointed by a court of appeals.
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Grand Lodge of Free and Accepted Masons, Masonic Home

15 Cited authorities

Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

Holding that "the mere fact that a court has found that a defendant has committed an act in violation of a statute does not justify an injunction broadly to obey the statute"

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

In Thayer, the court first announced that if the activity causing dismissal was protected under § 7 of the Act then denial of reinstatement was unlawful. If the activity was unprotected under § 7, however, the legality of the denial was to be determined according to a balancing test.

Upholding an NLRB departure from a policy of declining to assert jurisdiction, on the ground that "the Board had jurisdiction all the time"

In N.L.R.B. v. Remington Rand, 2 Cir., 130 F.2d 919, 925, we held that Federal Rule of Civil Procedure, rule 53(e)(2), 28 U.S.C.A. — which provides that a Master's findings stand unless clearly erroneous — would be applicable, by analogy, to findings of a Master appointed by a court of appeals.

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"