National Extrusion & Manufacturing Co.

27 Cited authorities

Mastrobuono v. Shearson Lehman Hutton, Inc.
514 U.S. 52 (1995) Cited 1,259 times 16 Legal Analyses
Holding that courts should be guided by the “cardinal principle of contract construction: that a document should be read to give effect to all of its provisions and to render them consistent with each other”
American Ship Bldg. v. Labor Board
380 U.S. 300 (1965) Cited 350 times 4 Legal Analyses
Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful
Detroit Edison Co. v. Nat'l Labor Relations Bd.
440 U.S. 301 (1979) Cited 228 times 20 Legal Analyses
Holding that a union's request for employee aptitude tests was relevant to its claim, but employer's interest in preserving confidentiality was also legitimate, and disclosing the information only upon the employee's written consent was a reasonable accommodation
Labor Board v. Insurance Agents
361 U.S. 477 (1960) Cited 325 times 2 Legal Analyses
Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"
Northern California v. Award Service
474 U.S. 1081 (1986) Cited 153 times
Holding that, despite the specific provisions of section 502, "an employer may bring an action under ERISA to enforce its terms where the employer alleges specific and personal injury"
H. K. Porter Co. v. Nat'l Labor Relations Bd.
397 U.S. 99 (1970) Cited 222 times 2 Legal Analyses
Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."
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
E. I. du Pont de Nemours & Co. v. Nat'l Labor Relations Bd.
489 F.3d 1310 (D.C. Cir. 2007) Cited 11 times 1 Legal Analyses
Holding "that a union is entitled to inspect the data relied on by an employer and does not have to accept the employer's bald assertions or generalized figures at face value"
Allbritton Communications Co. v. N.L.R.B
766 F.2d 812 (3d Cir. 1985) Cited 35 times
Holding that "removal proceedings are in the nature of process, and defects in the removal procedures are waivable"
N.L.R.B. v. Hardesty Co., Inc.
308 F.3d 859 (8th Cir. 2002) Cited 12 times
Noting that hardline bargaining positions can be evidence that an employer "had no intention of reaching an agreement"
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 27,788 times 287 Legal Analyses
Adopting the Daubert standard
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,333 times 86 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,078 times 24 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 1161 - Plans must provide continuation coverage to certain individuals
29 U.S.C. § 1161 Cited 868 times 3 Legal Analyses
Requiring a plan sponsor to provide that a qualified beneficiary that loses coverage as a result of a qualifying event is entitled to elect, within the election period, continuation coverage
Rule 612 - Writing Used to Refresh a Witness's Memory
Fed. R. Evid. 612 Cited 517 times 19 Legal Analyses
Providing rules for using a writing to refresh a witness's recollection

National Extrusion & Manufacturing Co.

27 Cited authorities

Holding that courts should be guided by the “cardinal principle of contract construction: that a document should be read to give effect to all of its provisions and to render them consistent with each other”

Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful

Holding that a union's request for employee aptitude tests was relevant to its claim, but employer's interest in preserving confidentiality was also legitimate, and disclosing the information only upon the employee's written consent was a reasonable accommodation

Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"

Holding that, despite the specific provisions of section 502, "an employer may bring an action under ERISA to enforce its terms where the employer alleges specific and personal injury"

Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."

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

Holding "that a union is entitled to inspect the data relied on by an employer and does not have to accept the employer's bald assertions or generalized figures at face value"

Holding that "removal proceedings are in the nature of process, and defects in the removal procedures are waivable"

Noting that hardline bargaining positions can be evidence that an employer "had no intention of reaching an agreement"

Adopting the Daubert standard

Granting employees a wage increase without bargaining with Local 355

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

Requiring a plan sponsor to provide that a qualified beneficiary that loses coverage as a result of a qualifying event is entitled to elect, within the election period, continuation coverage

Providing rules for using a writing to refresh a witness's recollection