Overnite Transportation Co.

12 Cited authorities

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.
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
Labor Board v. Rockaway News Co.
345 U.S. 71 (1953) Cited 128 times
Holding that employees may bargain away their statutory right to strike
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
N.L.R.B. v. Trumbull Asphalt Co. of Delaware
327 F.2d 841 (8th Cir. 1964) Cited 31 times
Holding that "[t]he fact of discharge . . . does not depend on the use of formal words of firing. It is sufficient if the words or actions of the employer 'would logically lead a prudent person to believe his tenure had been terminated.'"
N.L.R.B. v. Union Carbide Corporation
440 F.2d 54 (4th Cir. 1971) Cited 18 times
In NLRB v. Union Carbide Corporation, 440 F.2d 54 (4th Cir. 1971), we held that § 7 protected an employee who refused as a matter of principle to cross a picket line maintained by fellow employees at his employer's place of business even though the striking union was not his bargaining representative.
Teamsters, Chauffeurs Helpers v. N.L.R.B
325 F.2d 1011 (D.C. Cir. 1963) Cited 22 times
No. 16415. Argued November 12, 1963. Decided December 5, 1963. Mr. L.N.D. Wells, Jr., Dallas, Tex., with whom Mr. David Previant, Milwaukee, Wis., was on the brief, for petitioner. Mr. Hugh Hafer, Seattle, Wash., also entered an appearance for petitioner. Mr. Melvin Pollack, Atty., N.L.R.B., with whom Messrs. Dominick L. Manoli, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., were on the brief, for respondent. Mr. Alexander E. Wilson, Jr., Atlanta, Ga., with whom
N.L.R.B. v. Cent. Okla. Milk Producers Ass'n
285 F.2d 495 (10th Cir. 1960) Cited 24 times 1 Legal Analyses
Granting enforcement of N.L.R.B. order finding milk tank-truck drivers entitled to overtime under FLSA where drivers were employed by separate trucking entity owned by dairy association
General Tire Rubber Company v. N.L.R.B
451 F.2d 257 (1st Cir. 1971) Cited 4 times
No. 71-1165. Heard November 2, 1971. Decided November 22, 1971. Jeffrey A. Belkin, Cleveland, Ohio, with whom Louis S. Belkin and Belkin, Belkin Goldstein Co., L. P. A., Cleveland, Ohio, were on the brief, for petitioner. Marcel Mallet-Prevost, Asst. Gen. Counsel, with whom Peter G. Nash, Gen. Counsel, Warren M. Davison, Deputy Asst. Gen. Counsel, and William H. Du Ross, III, Atty., were on the brief, for respondent. Petition for review from the National Labor Relations Board. Before ALDRICH, Chief
Truck Drivers Helpers, 728 v. N.L.R.B
364 F.2d 682 (D.C. Cir. 1966) Cited 6 times
Nos. 19703, 19720. Argued March 16, 1966. Decided June 28, 1966. Mr. David R. Richards, Dallas, Tex., with whom Messrs. L.N.D. Wells, Jr., Dallas, Tex., and Herbert S. Thatcher, Washington, D.C., were on the brief, for petitioner in No. 19,703. Mrs. Janet Kohn, Atty., N.L.R.B., with whom Messrs. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Mrs. Nancy M. Sherman, Atty., N.L.R.B., were on the brief, for respondent in No. 19
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Overnite Transportation Co.

12 Cited authorities

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 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 employees may bargain away their statutory right to strike

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

Holding that "[t]he fact of discharge . . . does not depend on the use of formal words of firing. It is sufficient if the words or actions of the employer 'would logically lead a prudent person to believe his tenure had been terminated.'"

Granting enforcement of N.L.R.B. order finding milk tank-truck drivers entitled to overtime under FLSA where drivers were employed by separate trucking entity owned by dairy association

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"