Montauk Bus Co.

9 Cited authorities

Linn v. Plant Guard Workers
383 U.S. 53 (1966) Cited 734 times 16 Legal Analyses
Holding as preempted all defamation actions in labor disputes except those published with actual malice
Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.
482 U.S. 27 (1987) Cited 372 times 13 Legal Analyses
Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 234 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. Electrical Workers
346 U.S. 464 (1953) Cited 125 times 41 Legal Analyses
Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute
N.L.R.B. v. Augusta Bakery Corp.
957 F.2d 1467 (7th Cir. 1992) Cited 45 times
Holding that the replacements were temporary because, although the replacements were told that "if they worked out and did their job, they had a job," the testimony of the replacements indicated that they did not understand themselves to be permanent employees
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
Trident Seafoods, Inc. v. N.L.R.B
101 F.3d 111 (D.C. Cir. 1996) Cited 23 times
Collecting standards
Sierra Pub. Co. v. N.L.R.B
889 F.2d 210 (9th Cir. 1989) Cited 23 times
Discussing N.L.R.B. v. Local Union No. 1229 (Jefferson Standard ), 346 U.S. 464, 74 S.Ct. 172, 98 L.Ed. 195, and its progeny
Blue Circle Cement Co., Inc. v. N.L.R.B
41 F.3d 203 (5th Cir. 1994) Cited 5 times
In Blue Circle, we held that an employee's use of the company copy machine to duplicate articles protesting the company's proposed burning of hazardous waste was concerted activity.

Montauk Bus Co.

9 Cited authorities

Holding as preempted all defamation actions in labor disputes except those published with actual malice

Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

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.

Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute

Holding that the replacements were temporary because, although the replacements were told that "if they worked out and did their job, they had a job," the testimony of the replacements indicated that they did not understand themselves to be permanent employees

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

Collecting standards

Discussing N.L.R.B. v. Local Union No. 1229 (Jefferson Standard ), 346 U.S. 464, 74 S.Ct. 172, 98 L.Ed. 195, and its progeny

In Blue Circle, we held that an employee's use of the company copy machine to duplicate articles protesting the company's proposed burning of hazardous waste was concerted activity.