Handy Andy, Inc.

15 Cited authorities

Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,729 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.
406 U.S. 272 (1972) Cited 481 times 50 Legal Analyses
Holding that a successor is not bound to substantive terms of previous collective bargaining agreement
Howard Johnson Co. v. Detroit Local Joint Exec. Bd., Hotel & Rest. Emps. & Bartenders Int'l Union, AFL-CIO
417 U.S. 249 (1974) Cited 368 times 1 Legal Analyses
Holding under NLRA that purchaser of hotel assets was not required to arbitrate with union about its decision not to hire all of seller’s employees
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 323 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 359 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 234 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 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
Marlene Industries Corp. v. N.L.R.B
712 F.2d 1011 (6th Cir. 1983) Cited 36 times
In Marlene Industries Corp. v. N.L.R.B., 712 F.2d 1011 (6th Cir. 1983), this Court stated: "[w]e are mindful of the admonishment that 'neither collateral estoppel nor res judicata is rigidly applied.
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,348 times 88 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 157 - Right of employees as to organization, collective bargaining, etc.
29 U.S.C. § 157 Cited 3,326 times 98 Legal Analyses
Granting "employees" the right to unionize
Section 152 - Definitions
29 U.S.C. § 152 Cited 3,224 times 28 Legal Analyses
Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,905 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Handy Andy, Inc.

15 Cited authorities

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

Holding under NLRA that purchaser of hotel assets was not required to arbitrate with union about its decision not to hire all of seller’s employees

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

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 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 Marlene Industries Corp. v. N.L.R.B., 712 F.2d 1011 (6th Cir. 1983), this Court stated: "[w]e are mindful of the admonishment that 'neither collateral estoppel nor res judicata is rigidly applied.

Granting employees a wage increase without bargaining with Local 355

Granting "employees" the right to unionize

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions