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
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."
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.
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 "credibility determinations made by . . . administrative law judge and adopted by the [National Labor Relations Board] (NLRB) are entitled to great weight"
Concluding that substantial evidence supported the NLRB's finding that labor organization "did not have actual or constructive knowledge" of unfair labor practices
Explaining that “[l]ong ago” the NLRB “clarified” that an employee has no right to bring a witness to a meeting, the “sole purpose” of which is to deliver a predetermined warning
Concluding that the following duration clause did not waive the union's rights: “The Effects Bargaining Agreement shall be effective as of May 30, 1994, and shall remain in effect until midnight on June 6, 1997, but not thereafter unless renewed or extended in writing by the parties”