Harvey Engineering Corp.

15 Cited authorities

Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 322 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
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.
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
N.L.R.B. v. Don Burgess Const. Corp.
596 F.2d 378 (9th Cir. 1979) Cited 101 times 1 Legal Analyses
Holding that section 10(b) limitations period begins to run when the employee "discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged [violation]"
Nat'l Labor Relations Bd. v. Allied Products Corp.
548 F.2d 644 (6th Cir. 1977) Cited 70 times
In NLRB v. Allied Prods. Corp., 548 F.2d 644 (6th Cir. 1977), the court upheld the NLRB's conclusion that the discontinuance of an annual review program violated the Act, while in NLRB v. Dothan Eagle, Inc., 434 F.2d 93 (5th Cir. 1970), the raises at issue were not "totally discretionary" but rather "automatic progression wage increases" of "10 to 15 cents per hour" that "were regularly granted every six months."
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
N.L.R.B. v. W. C. McQuaide, Inc.
552 F.2d 519 (3d Cir. 1977) Cited 40 times
In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.
N.L.R.B. v. Moore Business Forms, Inc.
574 F.2d 835 (5th Cir. 1978) Cited 38 times
Striking employee swerved in front of and blocked another employee's car; second employee threw egg
Nat'l Labor Relations Bd. v. R. O. Pyle Roofing Co.
560 F.2d 1370 (9th Cir. 1977) Cited 16 times
In NLRB v. R.O. Pyle Roofing Co., 560 F.2d 1370 (9th Cir. 1977), the court affirmed findings that a member of a contractor's association had created at least apparent authority to bind him to an agreement by making a broad assignment of rights in accordance with a well established practice.
Randall, Div. of Textron, Inc. v. N.L.R.B
687 F.2d 1240 (8th Cir. 1982) Cited 11 times
In Randall v. NLRB, 687 F.2d 1240 (8th Cir. 1982), this court observed that "[t]he existence of a temporary job is not the equivalent of a vacancy to which a striker should have been reinstated."

Harvey Engineering Corp.

15 Cited authorities

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

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.

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 section 10(b) limitations period begins to run when the employee "discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged [violation]"

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 McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.

Striking employee swerved in front of and blocked another employee's car; second employee threw egg

In NLRB v. R.O. Pyle Roofing Co., 560 F.2d 1370 (9th Cir. 1977), the court affirmed findings that a member of a contractor's association had created at least apparent authority to bind him to an agreement by making a broad assignment of rights in accordance with a well established practice.

In Randall v. NLRB, 687 F.2d 1240 (8th Cir. 1982), this court observed that "[t]he existence of a temporary job is not the equivalent of a vacancy to which a striker should have been reinstated."