Kearney & Trecker Corp.

19 Cited authorities

Garner v. Teamsters Union
346 U.S. 485 (1953) Cited 690 times 2 Legal Analyses
In Garner the emphasis was not on two conflicting labor statutes but rather on two similar remedies, one state and one federal, brought to bear on precisely the same conduct.
Elgin, J. E.R. Co. v. Burley
325 U.S. 711 (1945) Cited 815 times
Holding that 45 U.S.C. § 153 vests in each individual rail employee the right to share in negotiations over his grievance; to have notice of his NRAB hearing; to be heard before the NRAB; and to bring an enforcement suit
Allen-Bradley Local v. Board
315 U.S. 740 (1942) Cited 298 times
Upholding state's injunction of mass picketing, threats of bodily injury and property damage
Bethlehem Co. v. State Board
330 U.S. 767 (1947) Cited 255 times
Holding federal nonregulation was not an "administrative concession that the nature of these appellants’ business put" the particular subject matter "beyond reach of federal authority"
May Stores Co. v. Labor Board
326 U.S. 376 (1945) Cited 257 times
Requiring "a clear determination by the Board of an attitude of opposition to the purposes of the Act to protect the rights of employees generally"
Auto. Workers v. Wis. Board
336 U.S. 245 (1949) Cited 209 times 2 Legal Analyses
Holding that issuance of injunction by state labor relations authority that orders state employees back to work does not violate Thirteenth Amendment because employees had the right to quit employment
Hill v. Florida
325 U.S. 538 (1945) Cited 207 times
Finding that the filing requirement "in and of itself" does not conflict with the NLRA
Bus Employees v. Wisconsin Board
340 U.S. 383 (1951) Cited 134 times
In Bus Employees v. Wisconsin Board, 340 U.S. 383, this Court held that the Wisconsin Public Utility Anti-Strike Law, which made it a misdemeanor for public utility employees to engage in a strike which would cause an interruption of an essential public utility service, conflicted with the National Labor Relations Act and was therefore invalid under the Supremacy Clause of the Constitution.
Automobile Workers v. O'Brien
339 U.S. 454 (1950) Cited 126 times
Holding that federal labor law does not "permit concurrent state regulation of peaceful strikes for higher wages. Congress occupied this field and closed it to state regulation."
Algoma Plywood Co. v. Wis. Board
336 U.S. 301 (1949) Cited 114 times
In Algoma P. V. Co. v. Wisconsin Empl. Rel. Bd., 336 U.S. 301, it was held that nothing in the Act precludes a state from prohibiting closed-shop contracts in whole or in part.

Kearney & Trecker Corp.

19 Cited authorities

In Garner the emphasis was not on two conflicting labor statutes but rather on two similar remedies, one state and one federal, brought to bear on precisely the same conduct.

Holding that 45 U.S.C. § 153 vests in each individual rail employee the right to share in negotiations over his grievance; to have notice of his NRAB hearing; to be heard before the NRAB; and to bring an enforcement suit

Upholding state's injunction of mass picketing, threats of bodily injury and property damage

Holding federal nonregulation was not an "administrative concession that the nature of these appellants’ business put" the particular subject matter "beyond reach of federal authority"

Requiring "a clear determination by the Board of an attitude of opposition to the purposes of the Act to protect the rights of employees generally"

Holding that issuance of injunction by state labor relations authority that orders state employees back to work does not violate Thirteenth Amendment because employees had the right to quit employment

Finding that the filing requirement "in and of itself" does not conflict with the NLRA

Holding that federal labor law does not "permit concurrent state regulation of peaceful strikes for higher wages. Congress occupied this field and closed it to state regulation."

In Algoma P. V. Co. v. Wisconsin Empl. Rel. Bd., 336 U.S. 301, it was held that nothing in the Act precludes a state from prohibiting closed-shop contracts in whole or in part.