Quirk Tire

9 Cited authorities

Litton Financial Printing Division v. Nat'l Labor Relations Bd.
501 U.S. 190 (1991) Cited 804 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
Labor Board v. Katz
369 U.S. 736 (1962) Cited 712 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"
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
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 358 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
American Federation of Television & Radio Artists v. Nat'l Labor Relations Bd.
395 F.2d 622 (D.C. Cir. 1968) Cited 103 times 1 Legal Analyses
Applying Taft
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
Intermountain Rural Elec. Ass'n v. N.L.R.B
984 F.2d 1562 (10th Cir. 1993) Cited 22 times 1 Legal Analyses
Finding of fait accompli because employer had implemented unilateral change in policy before union received notice of change
N.L.R.B. v. Cauthorne
691 F.2d 1023 (D.C. Cir. 1982) Cited 24 times 1 Legal Analyses
Ongoing liability for ULP ends when parties reach agreement or good-faith impasse
Leeds Northrup Company v. N.L.R.B
391 F.2d 874 (3d Cir. 1968) Cited 32 times
In Leeds Northrup Co. v. NLRB, 391 F.2d 874 (3rd Cir. 1968), the Third Circuit enforced the Board's order requiring the company to grant backpay to union employees based on a prior compensation formula where the company had unilaterally altered the formula in violation of its duty to bargain.

Quirk Tire

9 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 "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"

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 the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Applying Taft

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

Finding of fait accompli because employer had implemented unilateral change in policy before union received notice of change

Ongoing liability for ULP ends when parties reach agreement or good-faith impasse

In Leeds Northrup Co. v. NLRB, 391 F.2d 874 (3rd Cir. 1968), the Third Circuit enforced the Board's order requiring the company to grant backpay to union employees based on a prior compensation formula where the company had unilaterally altered the formula in violation of its duty to bargain.