Quebecor World Mt. Morris

10 Cited authorities

Litton Financial Printing Division v. Nat'l Labor Relations Bd.
501 U.S. 190 (1991) Cited 796 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
N.L.R.B. v. Haberman Const. Co.
641 F.2d 351 (5th Cir. 1981) Cited 103 times
Holding that the employer "manifested an intent to abide by the . . . contract by enjoying its benefits and abiding by its provisions"
Merk v. Jewel Food Stores Division of Jewel Companies, Inc.
945 F.2d 889 (7th Cir. 1991) Cited 62 times
Applying federal common law of contracts and holding that "[w]hether a writing is fully integrated is generally a question of law to be resolved by a court"
N.L.R.B. v. P*I*E Nationwide, Inc.
923 F.2d 506 (7th Cir. 1991) Cited 57 times
Concluding that National Labor Relations Board's attempt to reduce a claim to judgment did not run afoul of the governmental unit exception to the automatic stay
Long Island Head Start v. N.L.R.B
460 F.3d 254 (2d Cir. 2006) Cited 12 times
Finding that where no notice of termination was given, negotiation between the parties of a new CBA did not terminate a prior CBA containing an evergreen clause
Martinsville Nylon Employees Council Corp. v. Nat'l Labor Relations Bd.
969 F.2d 1263 (D.C. Cir. 1992) Cited 21 times
Notwithstanding inclusion of integration clause in renegotiated agreement, "past practice may still inform the Board's understanding of what the written agreement means"
Furniture Rentors of America, Inc. v. N.L.R.B
36 F.3d 1240 (3d Cir. 1994) Cited 16 times 1 Legal Analyses
Holding that employer was not required to bargain over subcontracting because decision was based on reduced productivity, damaged product, customer complaints, and employee theft rather than labor costs
Certified Corp. v. Hawaii Teamsters Allied
597 F.2d 1269 (9th Cir. 1979) Cited 28 times
In Certified Corp., the Ninth Circuit also considered the question whether an oral modification of a written CBA was legally effective in the face of a zipper clause similar to the one at issue here.
Silbaugh v. N.L.R.B
429 F.2d 761 (D.C. Cir. 1970) Cited 4 times
No. 23478. Argued June 15, 1970. Decided August 5, 1970. Mr. James C. Paradise, Cincinnati, Ohio, for petitioner. Mr. Warren Davison, Attorney, National Labor Relations Board, for respondent. Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Robert A. Giannasi, Attorney, National Labor Relations Board, were on the brief for respondent. Messrs. George A. Leonard, Cincinnati, Ohio, Edward E. Wall, Cincinnati, Ohio
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,934 times 179 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Quebecor World Mt. Morris

10 Cited authorities

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 employer "manifested an intent to abide by the . . . contract by enjoying its benefits and abiding by its provisions"

Applying federal common law of contracts and holding that "[w]hether a writing is fully integrated is generally a question of law to be resolved by a court"

Concluding that National Labor Relations Board's attempt to reduce a claim to judgment did not run afoul of the governmental unit exception to the automatic stay

Finding that where no notice of termination was given, negotiation between the parties of a new CBA did not terminate a prior CBA containing an evergreen clause

Notwithstanding inclusion of integration clause in renegotiated agreement, "past practice may still inform the Board's understanding of what the written agreement means"

Holding that employer was not required to bargain over subcontracting because decision was based on reduced productivity, damaged product, customer complaints, and employee theft rather than labor costs

In Certified Corp., the Ninth Circuit also considered the question whether an oral modification of a written CBA was legally effective in the face of a zipper clause similar to the one at issue here.

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place