501 U.S. 190 (1991) Cited 795 times 8 Legal Analyses
Holding that where a court must determine the validity of an arbitration agreement, it "cannot avoid that duty" just because the court must decide an issue on the merits
Holding that the remedy provided in §§ 515 and 502(g) "is limited to the collection of `promised contributions' and does not confer jurisdiction on district courts to determine whether an employer's unilateral decision to refuse to make post-contract contributions constitutes a violation of the NLRA."
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
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”
Holding that "the district court was entitled to conclude that [the company's] seven-year course of conduct manifested an intent to be bound to the terms of the CBA"
In Cibao Meat Prods., Inc. v. Nat'l Labor Relations Bd., 547 F.3d 336 (2d Cir. 2008), the CBA expired and the employer unilaterally ceased paying into union fringe benefit funds established pursuant to the CBA and Declaration of Trust, which empowered the funds' Trustees to "modify, change, amend or terminate to any extent any or all of the terms and provisions" of the benefit funds plan.