Kelly Services, Inc.

16 Cited authorities

Mitsubishi Motors v. Soler Chrysler-Plymouth
473 U.S. 614 (1985) Cited 4,307 times 44 Legal Analyses
Holding antitrust claims arbitrable because, even if they are arbitrated, antitrust law "will continue to serve both its remedial and deterrent function"
EPIC Sys. Corp. v. Lewis
138 S. Ct. 1612 (2018) Cited 963 times 169 Legal Analyses
Holding that, under Concepcion , "courts may not allow a contract defense to reshape traditional individualized arbitration" and "a rule seeking to declare individualized arbitration proceedings off limits" is preempted by the FAA
Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 730 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
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. Industrial Union of Marine & Shipbuilding Workers of America
391 U.S. 418 (1968) Cited 215 times
Holding that union could not expel member because he filed unfair labor practice charge against it without first exhausting internal remedies as provided in union constitution
Morris v. Ernst & Young, LLP
834 F.3d 975 (9th Cir. 2016) Cited 147 times 52 Legal Analyses
Holding arbitration provisions mandating individual arbitration of employment-related claims violate the NLRA and fall within the FAA's saving clause
Nat'l Labor Relations Bd. v. J. H. Rutter-Rex Manufacturing Co.
396 U.S. 258 (1969) Cited 184 times 1 Legal Analyses
Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."
D.R. Horton, Inc. v. Nat'l Labor Relations Bd.
737 F.3d 344 (5th Cir. 2013) Cited 141 times 145 Legal Analyses
Holding that an arbitration agreement that prohibited an employee from pursuing claims collectively did not violate the NLRA and must be enforced
Lewis v. Epic Sys. Corp.
823 F.3d 1147 (7th Cir. 2016) Cited 124 times 58 Legal Analyses
Holding that such waivers violate the Fair Labor Standards Act
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,057 times 23 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB
Section 173 - Functions of Service
29 U.S.C. § 173 Cited 380 times
Providing that the "final adjustment by a method agreed upon by the parties is declared to be the desirable method for settlement of grievance disputes. . . ."

Kelly Services, Inc.

16 Cited authorities

Holding antitrust claims arbitrable because, even if they are arbitrated, antitrust law "will continue to serve both its remedial and deterrent function"

Holding that, under Concepcion , "courts may not allow a contract defense to reshape traditional individualized arbitration" and "a rule seeking to declare individualized arbitration proceedings off limits" is preempted by the FAA

Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

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

Holding that union could not expel member because he filed unfair labor practice charge against it without first exhausting internal remedies as provided in union constitution

Holding arbitration provisions mandating individual arbitration of employment-related claims violate the NLRA and fall within the FAA's saving clause

Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."

Holding that an arbitration agreement that prohibited an employee from pursuing claims collectively did not violate the NLRA and must be enforced

Holding that such waivers violate the Fair Labor Standards Act

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Providing that the "final adjustment by a method agreed upon by the parties is declared to be the desirable method for settlement of grievance disputes. . . ."