12 Cited authorities
Chemical Workers v. Pittsburgh Glass
404 U.S. 157 (1971) Cited 630 times 7 Legal AnalysesHolding retirees are not "employees" within the bargaining unit
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 timesHolding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Labor Board v. Borg-Warner Corp.
356 U.S. 342 (1958) Cited 296 times 1 Legal AnalysesHolding employer's insistence on a ballot clause was an unfair labor practice under § 8 because it was a non-mandatory subject of bargaining and it "substantially modifies the collective-bargaining system provided for in the statute by weakening the independence of the 'representative' chosen by the employees. It enables the employer, in effect, to deal with its employees rather than with their statutory representative."
Nat'l Labor Relations Bd. v. C & C Plywood Corp.
385 U.S. 421 (1967) Cited 117 timesHolding 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”
Jones v. McKenzie
833 F.2d 335 (D.C. Cir. 1987) Cited 61 timesHolding that the compulsory testing of an employee who had direct contact with school children and their physical safety was not unreasonable where conducted as part of an employment-related medical examination, and where there was a nexus between the testing and the safety concern
Van Dorn Plastic Machinery Co. v. N.L.R.B
736 F.2d 343 (6th Cir. 1984) Cited 29 times 1 Legal AnalysesIn Van Dorn Plastic Machinery Co. v. NLRB, 736 F.2d 343 (6th Cir. 1984), we stated "[t]here may be cases where no forgery can be proved, but where the misrepresentation is so pervasive and the deception so artful that employees will be unable to separate truth from untruth and where their right to a free and fair choice will be affected."
Ciba-Geigy Pharmaceuticals Div. v. N.L.R.B
722 F.2d 1120 (3d Cir. 1983) Cited 17 timesIn Ciba-Geigy Pharmaceuticals Division v. NLRB, 722 F.2d 1120 (3d Cir. 1983), the court rejected an argument that an "extracontractual residual rights" theory allowed imposition of attendance rules.
Nat'l Labor Relations Bd. v. 1199, National Union of Hospital & Health Care Employees
824 F.2d 318 (4th Cir. 1987) Cited 11 timesNo. 86-1192. Argued March 2, 1987. Decided July 29, 1987. Don Terrance Carmody (Carmen M. DiRienzo; Carmody DiRienzo, on brief) for respondent. Marilyn Elaine Patrick, N.L.R.B. (Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Peter Winkler, Supervisory Atty., Sandra Elligers, on brief), for petitioner. Robert S. Giolito; Stanford, Fagan and Giolito, on brief, for intervenor. Appeal
N.L.R.B. v. Miller Brewing Company
408 F.2d 12 (9th Cir. 1969) Cited 17 timesNo. 22698. February 20, 1969. John D. Burgoyne (argued), Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, David C. Nevins, Washington, D.C., Paul A. Cassady, Director, NLRB, Los Angeles, Cal., for petitioner. Willard Z. Carr, Jr. (argued) of Gibson, Dunn Crutcher, Los Angeles, Cal., for respondent. Before BARNES and ELY, Circuit Judges, and PREGERSON, District Judge. Hon. Harry Pregerson, United States District Judge, Los Angeles
N.L.R.B. v. Gulf Power Company
384 F.2d 822 (5th Cir. 1967) Cited 14 timesHolding that “safety rules and practices ... are undoubtedly conditions of employment, and ... Section 8(d) requires good faith bargaining as a mutual obligation of the employer and the Union in connection with such matters”
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,317 times 84 Legal AnalysesGranting employees a wage increase without bargaining with Local 355