International Association of Machinists and Aerospace Workers, AFL-CIO District 70 and Local Lodge 8

7 Cited authorities

Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,209 times 2 Legal Analyses
Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
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."
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 357 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers v. Nat'l Labor Relations Bd.
41 F.3d 1532 (D.C. Cir. 1994) Cited 43 times 1 Legal Analyses
In IUE, the court held that the facts in the case did not make out a breach of the duty of fair representation, as there was no basis in the record to support the NLRB's finding that the Union engaged in bad faith conduct.
Radosevic v. Virginia Intermont College
651 F. Supp. 1037 (W.D. Va. 1987) Cited 16 times
Finding the terms of the contract did not manifest clear and definite intent by parties to directly benefit plaintiff, and noting "[t]he contract does not mention Radosevic"
N.L.R.B. v. L. 50, Am. Bakery Confec. Wkrs
339 F.2d 324 (2d Cir. 1964) Cited 10 times
No. 96, Docket 28691. Argued October 22, 1964. Decided November 24, 1964. Stephen B. Goldberg, N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Melvin J. Welles, Allen M. Hutter, Washington, D.C., on the brief), for petitioner. Howard N. Meyer, of O'Dwyer Bernstien, New York City, for respondent. Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges. KAUFMAN, Circuit Judge: We are called upon here to decide whether
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,317 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355

International Association of Machinists and Aerospace Workers, AFL-CIO District 70 and Local Lodge 8

7 Cited authorities

Vaca v. Sipes

Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

Nat'l Labor Relations Bd. v. Transportation Management Corp.

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."

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers v. Nat'l Labor Relations Bd.

In IUE, the court held that the facts in the case did not make out a breach of the duty of fair representation, as there was no basis in the record to support the NLRB's finding that the Union engaged in bad faith conduct.

Radosevic v. Virginia Intermont College

Finding the terms of the contract did not manifest clear and definite intent by parties to directly benefit plaintiff, and noting "[t]he contract does not mention Radosevic"

N.L.R.B. v. L. 50, Am. Bakery Confec. Wkrs

Section 158 - Unfair labor practices

Granting employees a wage increase without bargaining with Local 355