Oregon Steel Mills, Inc.

11 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
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 358 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
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
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
Giddings Lewis, Inc. v. N.L.R.B
675 F.2d 926 (7th Cir. 1982) Cited 16 times
Denying enforcement
N.L.R.B. v. Hi-Way Billboards, Inc.
500 F.2d 181 (5th Cir. 1974) Cited 20 times
Reversing Board's finding that impasse is akin to hiatus in negotiations.
Randall, Div. of Textron, Inc. v. N.L.R.B
687 F.2d 1240 (8th Cir. 1982) Cited 11 times
In Randall v. NLRB, 687 F.2d 1240 (8th Cir. 1982), this court observed that "[t]he existence of a temporary job is not the equivalent of a vacancy to which a striker should have been reinstated."
N.L.R.B. v. Transport Company of Texas
438 F.2d 258 (5th Cir. 1971) Cited 10 times
No. 30191 Summary Calendar. Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I. February 10, 1971. Rehearing Denied March 22, 1971. Clifford Potter, Director, N.L.R.B., Houston, Tex., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Eugene B. Granof, Joseph C. Thackery, Attys., N.L.R.B., Washington, D.C., for petitioner. Powell, Brown Maverick, William A. Brown
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,873 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Oregon Steel Mills, Inc.

11 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

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

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 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

Denying enforcement

Reversing Board's finding that impasse is akin to hiatus in negotiations.

In Randall v. NLRB, 687 F.2d 1240 (8th Cir. 1982), this court observed that "[t]he existence of a temporary job is not the equivalent of a vacancy to which a striker should have been reinstated."

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions