Lakeland Bus Lines

21 Cited authorities

Detroit Edison Co. v. Nat'l Labor Relations Bd.
440 U.S. 301 (1979) Cited 227 times 20 Legal Analyses
Holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Labor Board v. American Ins. Co.
343 U.S. 395 (1952) Cited 269 times
Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"
Labor Board v. Truitt Mfg. Co.
351 U.S. 149 (1956) Cited 223 times 8 Legal Analyses
Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith
H.J. Heinz Co. v. Labor Board
311 U.S. 514 (1941) Cited 241 times 1 Legal Analyses
In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.
United Steelworkers v. N.L.R.B
983 F.2d 240 (D.C. Cir. 1993) Cited 39 times
Holding that factual findings may be reversed only when the record is so compelling that no reasonable fact-finder could fail to find the contrary
Torrington Extend-A-Care Emp. Ass'n v. N.L.R.B
17 F.3d 580 (2d Cir. 1994) Cited 30 times
Holding that Board could rely on circumstantial evidence to establish one person's knowledge of another's union activities
Conagra, Inc. v. Nat'l Labor Relations Bd.
117 F.3d 1435 (D.C. Cir. 1997) Cited 20 times
Equating an inability to pay with an inability to afford, and emphasizing that the employer had “stated repeatedly that the company remained profitable”
Olivetti Office U.S.A., Inc. v. N.L.R.B
926 F.2d 181 (2d Cir. 1991) Cited 27 times
Denying enforcement of Board order that would serve no legitimate purpose
N.L.R.B. v. Harvstone Mfg. Co.
785 F.2d 570 (7th Cir. 1986) Cited 28 times 1 Legal Analyses
In NLRB v. Harvstone Mfg. Corp., 785 F.2d 570 (7th Cir.1986), that Circuit declared that claims of competitive disadvantage are “nothing more than truisms” and do not equate to an inability to pay.

Lakeland Bus Lines

21 Cited authorities

Holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores

Approving "discovery-type standard"

Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"

Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.

Holding that factual findings may be reversed only when the record is so compelling that no reasonable fact-finder could fail to find the contrary

Holding that Board could rely on circumstantial evidence to establish one person's knowledge of another's union activities

Equating an inability to pay with an inability to afford, and emphasizing that the employer had “stated repeatedly that the company remained profitable”

Denying enforcement of Board order that would serve no legitimate purpose

In NLRB v. Harvstone Mfg. Corp., 785 F.2d 570 (7th Cir.1986), that Circuit declared that claims of competitive disadvantage are “nothing more than truisms” and do not equate to an inability to pay.