Leon Ferenbach, Inc.

12 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.
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
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
Labor Bd. v. Washington Aluminum Co.
370 U.S. 9 (1962) Cited 206 times 3 Legal Analyses
Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections
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
Nat'l Labor Relations Bd. v. Peter Cailler Kohler Swiss Chocolates Co.
130 F.2d 503 (2d Cir. 1942) Cited 69 times 1 Legal Analyses
In NLRB v. Peter Cailler Kohler Swiss Chocolates Co., 130 F.2d 503 (2d Cir. 1942), Judge Learned Hand stated his view of the type of activity protected by section 7.
H. & F. Binch Co. v. Nat'l Labor Relations Bd.
456 F.2d 357 (2d Cir. 1972) Cited 22 times
Enlarging reinstatement rights of economic strikers
American Machinery Corporation v. N.L.R.B
424 F.2d 1321 (5th Cir. 1970) Cited 21 times
No. 27283. April 15, 1970. Norman F. Burke, Orlando, Fla., for petitioner. Marcel Mallet-Prevost, Asst. General Counsel, N.L.R.B., Washington, D.C., Harold A. Boire, Regional Director, N.L.R.B., Region 12, Tampa, Fla., Eugene B. Granof, Atty., N.L.R.B., Washington, D.C., for respondent. George C. Longshore, Birmingham, Ala., Bernard Kleiman, Gen. Counsel, Pittsburgh, Pa., Bredhoff Gottesman, George H. Cohen, Washington, D.C., for intervenor United Steelworkers of America, AFL-CIO. Before TUTTLE,
Firestone Tire Rubber Company v. N.L.R.B
449 F.2d 511 (5th Cir. 1971) Cited 8 times
In Firestone Tire and Rubber Co. v. N.L. R.B., 449 F.2d 511, 512 (5th Cir. 1971), the Fifth Circuit concluded that a striker's vulgar invective was a threat of physical harm which amounted to serious misconduct warranting his discharge.

Leon Ferenbach, Inc.

12 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.

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

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 certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

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 NLRB v. Peter Cailler Kohler Swiss Chocolates Co., 130 F.2d 503 (2d Cir. 1942), Judge Learned Hand stated his view of the type of activity protected by section 7.

Enlarging reinstatement rights of economic strikers

In Firestone Tire and Rubber Co. v. N.L. R.B., 449 F.2d 511, 512 (5th Cir. 1971), the Fifth Circuit concluded that a striker's vulgar invective was a threat of physical harm which amounted to serious misconduct warranting his discharge.