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Local No.324, Operating Engineers

226 N.L.R.B. 587 (N.L.R.B. 1976)
Local No.324, Operating Engineers

16 Cited authorities

  1. 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"

  2. Ford Motor Co. v. Huffman

    345 U.S. 330 (1953)   Cited 881 times   1 Legal Analyses
    Holding that a union acting in its representative capacity owes a duty of fair representation to those on whose behalf it acts

  3. Steele v. L. N.R. Co.

    323 U.S. 192 (1944)   Cited 959 times
    Holding that a labor organization must represent all members of a "craft or class of employees . . . regardless of their union affiliations or want of them"

  4. 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

  5. Teamsters Local v. Labor Board

    365 U.S. 667 (1961)   Cited 174 times
    Holding that the Board may not dictate specific procedures and rules that a union must adopt, not that the Board errs when it determines that a union engaged in unfair labor practices by failing to operate in accordance with objective criteria

  6. Bazarte v. United Transportation Union

    429 F.2d 868 (3d Cir. 1970)   Cited 145 times
    Holding that "proof that the union may have acted negligently or exercised poor judgment is not enough to support a claim of unfair representation" and a union has discretion to "settle or even to abandon a grievance, so long as it does not act arbitrarily"

  7. N.L.R.B. v. Miranda Fuel Co., Inc.

    326 F.2d 172 (2d Cir. 1963)   Cited 98 times

    No. 73, Docket 26232. Argued October 21, 1963. Decided December 11, 1963. Melvin J. Welles, Attorney, National Labor Relations Board, Washington, D.C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Herman M. Levy, Attorney, National Labor Relations Board, Washington, D.C., on the brief), for petitioner. Samuel J. Cohen, New York City (Jack Last and Cohen Weiss, New York City, on the brief), for respondent Union. Ruth

  8. Beriault v. Local 40, Super Cargoes Check

    501 F.2d 258 (9th Cir. 1974)   Cited 62 times
    Holding that a grievance procedure in a CBA need not be exhausted for "claims relating to breach of the duty of fair representation in negotiating the collective bargaining agreement" because "plaintiffs seek modification of the contract, a remedy not available through the grievance procedure"

  9. Labor Board v. News Syndicate Co.

    365 U.S. 695 (1961)   Cited 22 times
    In NLRB v. News Syndicate Co., 365 U.S. 695, 81 S.Ct. 849, 6 L.Ed.2d 29 (1961), where the bargaining unit included supervisors, the NLRB had found that both the employer and the union had committed unfair labor practices by operating an unlawful closed shop and preferential hiring system.

  10. Mumford v. Glover

    503 F.2d 878 (5th Cir. 1974)   Cited 30 times
    In Mumford v. Glover, 503 F.2d 878 (5th Cir. 1974), individual employees sued the union and the employer for extending a pension plan beyond June 30, 1972, the date before which, under the collective bargaining agreement, no renegotiation of the pension fund could occur.

  11. Section 159 - Representatives and elections

    29 U.S.C. § 159   Cited 2,441 times   12 Legal Analyses
    Granting a bargaining unit the exclusive right to represent employees in it

  12. Section 414 - Right to copies of collective bargaining agreements

    29 U.S.C. § 414   Cited 45 times

    It shall be the duty of the secretary or corresponding principal officer of each labor organization, in the case of a local labor organization, to forward a copy of each collective bargaining agreement made by such labor organization with any employer to any employee who requests such a copy and whose rights as such employee are directly affected by such agreement, and in the case of a labor organization other than a local labor organization, to forward a copy of any such agreement to each constituent