North American Pipe Corp.

21 Cited authorities

Linn v. Plant Guard Workers
383 U.S. 53 (1966) Cited 732 times 16 Legal Analyses
Holding as preempted all defamation actions in labor disputes except those published with actual malice
Metropolitan Edison Co. v. Nat'l Labor Relations Bd.
460 U.S. 693 (1983) Cited 311 times 8 Legal Analyses
Holding that a union may, under certain circumstances, waive members' NLRA rights
Lechmere, Inc. v. Nat'l Labor Relations Bd.
502 U.S. 527 (1992) Cited 156 times 18 Legal Analyses
Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Hunter Douglas, Inc. v. N.L.R.B
804 F.2d 808 (3d Cir. 1986) Cited 423 times
Timing and departure from past practice indicates unlawful motive
Labor Board v. Borg-Warner Corp.
356 U.S. 342 (1958) Cited 296 times 1 Legal Analyses
Holding employer's insistence on a ballot clause was an unfair labor practice under § 8 because it was a non-mandatory subject of bargaining and it "substantially modifies the collective-bargaining system provided for in the statute by weakening the independence of the 'representative' chosen by the employees. It enables the employer, in effect, to deal with its employees rather than with their statutory representative."
N.L.R.B. v. United Technologies Corp.
706 F.2d 1254 (2d Cir. 1983) Cited 263 times
Finding claims not precluded for these reasons
Nat'l Labor Relations Bd. v. C & C Plywood Corp.
385 U.S. 421 (1967) Cited 117 times
Holding that the NLRB has the authority to interpret CBAs in the first instance where its interpretation is for the purpose of “enforc[ing] a statutory right which Congress considered necessary to allow labor and management to get on with the process of reaching fair terms and conditions of employment”
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
Inland Steel Co. v. National Labor Rel. Board
170 F.2d 247 (7th Cir. 1949) Cited 156 times 2 Legal Analyses
Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"

North American Pipe Corp.

21 Cited authorities

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

Holding that a union may, under certain circumstances, waive members' NLRA rights

Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Timing and departure from past practice indicates unlawful motive

Finding claims not precluded for these reasons

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

Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"