Schmutz Foundry & Machine Co.

17 Cited authorities

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
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
Pioneer Inn Associates v. N.L.R.B
578 F.2d 835 (9th Cir. 1978) Cited 42 times
Upholding "contract bar" rule that Board will not conduct decertification election during life of contract even if majority of employees withdraws support from union
Terrell Machine Company v. N.L.R.B
427 F.2d 1088 (4th Cir. 1970) Cited 47 times
No. 13371. Argued December 2, 1969. Decided January 20, 1970. William W. Sturges, Charlotte, N.C. (Weinstein, Waggoner, Sturges Odom, Charlotte, N.C., on the brief), for petitioner. Thomas E. Silfen, Atty., N.L.R.B. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and John D. Burgoyne, Atty., N.L.R.B., on the brief), for respondent. Before SOBELOFF and WINTER, Circuit Judges, and HARVEY, District Judge. WINTER, Circuit Judge:
J. Ray McDermott Co., Inc. v. N.L.R.B
571 F.2d 850 (5th Cir. 1978) Cited 34 times
In J. Ray McDermott Co. v. NLRB, 571 F.2d 850, 858 (5th Cir.), cert. denied, 439 U.S. 893, 99 S.Ct. 250, 58 L.Ed.2d 238 (1978), for example, the court held that the passage of more than six months from one refusal to bargain does not bar action by the Board on a timely complaint based on subsequent refusal.
N.L.R.B. v. Windham Community Memorial Hosp
577 F.2d 805 (2d Cir. 1978) Cited 26 times
Approving Board presumption
N.L.R.B. v. Band-Age, Inc.
534 F.2d 1 (1st Cir. 1976) Cited 28 times
Holding that the diminution in an organization's size, and in the range of its products, does not preclude a finding of successorship
NLRB v. Vegas Vic, Inc.
546 F.2d 828 (9th Cir. 1977) Cited 22 times
No. 74-3278. November 23, 1976. As Amended on Denial of Rehearing and Rehearing En Banc February 2, 1977. Alan Banov, Atty. (argued), of N.L.R.B., Washington, D.C., for petitioner. Jeffrey H. Nelson (argued), of Nelson, Kirshman, Goldstein, Gentile Rexon, Los Angeles, Cal., for respondent. Appeal from the National Labor Relations Board. Before CARTER, WRIGHT and WALLACE, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: The Board's order, reported at 213 NLRB No. 116, should be enforced. It is well
N.L.R.B. v. Tragniew, Inc.
470 F.2d 669 (9th Cir. 1972) Cited 26 times
In NLRB v. Tragniew, Inc., 470 F.2d 669 (9th Cir. 1972), this court held that evidence of an unfair labor practice that occurred beyond the 10(b) period could not be admitted in defense of a refusal to bargain charge.
Orion Corporation v. N.L.R.B
515 F.2d 81 (7th Cir. 1975) Cited 22 times
No. 74-1432. Argued January 15, 1975. Decided April 28, 1975. Walter S. Davis, Milwaukee, Wis., for petitioner. Elliott Moore, Deputy Associate Gen. Counsel, John D. Burgoyne and Roger T. Brice, Attys., N.L.R.B., Washington, D.C., for respondent. Petition for review from the National Labor Relations Board. Before CLARK, Associate Justice. and CUMMINGS and TONE, Circuit Judges. Associate Justice Tom C. Clark of the Supreme Court of the United States (Retired) is sitting by designation. PER CURIAM
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Schmutz Foundry & Machine Co.

17 Cited authorities

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 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

Upholding "contract bar" rule that Board will not conduct decertification election during life of contract even if majority of employees withdraws support from union

Approving Board presumption

Holding that the diminution in an organization's size, and in the range of its products, does not preclude a finding of successorship

In NLRB v. Tragniew, Inc., 470 F.2d 669 (9th Cir. 1972), this court held that evidence of an unfair labor practice that occurred beyond the 10(b) period could not be admitted in defense of a refusal to bargain charge.

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"