Riser Foods

13 Cited authorities

Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,209 times 2 Legal Analyses
Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
Humphrey v. Moore
375 U.S. 335 (1964) Cited 760 times
Holding that the union did not breach its duty of fair representation in negotiating a deal which favored some members of the same bargaining unit over others
Ford Motor Co. v. Huffman
345 U.S. 330 (1953) Cited 881 times 1 Legal Analyses
Holding that a union acting in its representative capacity owes a duty of fair representation to those on whose behalf it acts
Steele v. L. N.R. Co.
323 U.S. 192 (1944) Cited 959 times
Holding that a labor organization must represent all members of a "craft or class of employees . . . regardless of their union affiliations or want of them"
Tunstall v. Brotherhood
323 U.S. 210 (1944) Cited 286 times
In Tunstall v. Brotherhood, 323 U.S. 210, the federal right was derived from the federal duty of the union to act as bargaining representative for all members of the union.
N.L.R.B. v. Miranda Fuel Co., Inc.
326 F.2d 172 (2d Cir. 1963) Cited 98 times
No. 73, Docket 26232. Argued October 21, 1963. Decided December 11, 1963. Melvin J. Welles, Attorney, National Labor Relations Board, Washington, D.C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Herman M. Levy, Attorney, National Labor Relations Board, Washington, D.C., on the brief), for petitioner. Samuel J. Cohen, New York City (Jack Last and Cohen Weiss, New York City, on the brief), for respondent Union. Ruth
Teamsters Local Union No. 42 v. N.L.R.B
825 F.2d 608 (1st Cir. 1987) Cited 31 times
Holding that claim accrued when union announced to the plaintiffs that they had been assigned to less desirable shift, even though negotiations with employer regarding the seniority system that would dictate shift assignments occurred two months later
Barton Brands, Ltd. v. N.L.R.B
529 F.2d 793 (7th Cir. 1976) Cited 44 times
Holding that the union would be "absolved of liability" if it could "show some objective justification for its conduct beyond that of placating the desires of the majority of the unit employees at the expense of the minority"
Branch 6000, National Ass'n of Letter Carriers v. Nat'l Labor Relations Bd.
595 F.2d 808 (D.C. Cir. 1979) Cited 17 times
In Letter Carriers, the court distinguished a local referendum to choose between alternative leave provisions in the executed national contract from the type of contract ratification vote involved in the instant case; the court expressly noted that a contract ratification procedure restricted to union members "is consistent with negotiation of a tentative contract by the bargaining agent, acting in a representative capacity, and with observance of the duty of fair representation."
Ackley v. Local Union 337
910 F.2d 1295 (6th Cir. 1990) Cited 4 times
In Ackley v. UAW, 910 F.2d 1295 (6th Cir. 1990) ("Ackley I"), this court initially held that the union breached it duty of fair representation based upon the union's hostility toward those represented employees whose seniority status was endtailed.

Riser Foods

13 Cited authorities

Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

Holding that the union did not breach its duty of fair representation in negotiating a deal which favored some members of the same bargaining unit over others

Holding that a union acting in its representative capacity owes a duty of fair representation to those on whose behalf it acts

Holding that a labor organization must represent all members of a "craft or class of employees . . . regardless of their union affiliations or want of them"

In Tunstall v. Brotherhood, 323 U.S. 210, the federal right was derived from the federal duty of the union to act as bargaining representative for all members of the union.

Holding that claim accrued when union announced to the plaintiffs that they had been assigned to less desirable shift, even though negotiations with employer regarding the seniority system that would dictate shift assignments occurred two months later

Holding that the union would be "absolved of liability" if it could "show some objective justification for its conduct beyond that of placating the desires of the majority of the unit employees at the expense of the minority"

In Ackley v. UAW, 910 F.2d 1295 (6th Cir. 1990) ("Ackley I"), this court initially held that the union breached it duty of fair representation based upon the union's hostility toward those represented employees whose seniority status was endtailed.