Sks Die Casting & Machining, Inc.

30 Cited authorities

Nat'l Labor Relations Bd. v. Bildisco & Bildisco
465 U.S. 513 (1984) Cited 1,161 times 22 Legal Analyses
Holding that the failure of Congress to draft an exclusion for certain collective bargaining agreements in 11 U.S.C. § 365 indicates that the provision applies to all such agreements, in light of the previous use of such an exclusion by Congress in 11 U.S.C. § 1167
Labor Board v. Insurance Agents
361 U.S. 477 (1960) Cited 324 times 2 Legal Analyses
Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
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
Medo Photo Supply Corp. v. Nat'l Labor Relations Bd.
321 U.S. 678 (1944) Cited 269 times 1 Legal Analyses
Holding that offers of benefits to union supporters that induce them to leave the union violate § 8
Soule Glass and Glazing Co. v. N.L.R.B
652 F.2d 1055 (1st Cir. 1981) Cited 97 times
Holding that the employer "must bargain with respect to the decision to remove work from bargaining unit employees, not merely its effects on the employees"
N.L.R.B. v. General Electric Company
418 F.2d 736 (2d Cir. 1969) Cited 63 times
Offering better terms to union locals while bargaining with the unions' national bargaining representative
N.L.R.B. v. W. C. McQuaide, Inc.
552 F.2d 519 (3d Cir. 1977) Cited 40 times
In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.
N.L.R.B. v. Moore Business Forms, Inc.
574 F.2d 835 (5th Cir. 1978) Cited 38 times
Striking employee swerved in front of and blocked another employee's car; second employee threw egg
N.L.R.B. v. Intertherm, Inc.
596 F.2d 267 (8th Cir. 1979) Cited 36 times
Holding that employees have a near-absolute right to wear union insignia in the absence of evidence relating to employee efficiency or plant discipline
Section 157 - Right of employees as to organization, collective bargaining, etc.
29 U.S.C. § 157 Cited 3,302 times 97 Legal Analyses
Granting employees the right to engage in or refrain from engaging in union activity
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,873 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions
Section 1113 - Rejection of collective bargaining agreements
11 U.S.C. § 1113 Cited 358 times 15 Legal Analyses
Providing special treatment for rejection of collective bargaining agreements

Sks Die Casting & Machining, Inc.

30 Cited authorities

Holding that the failure of Congress to draft an exclusion for certain collective bargaining agreements in 11 U.S.C. § 365 indicates that the provision applies to all such agreements, in light of the previous use of such an exclusion by Congress in 11 U.S.C. § 1167

Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

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 offers of benefits to union supporters that induce them to leave the union violate § 8

Holding that the employer "must bargain with respect to the decision to remove work from bargaining unit employees, not merely its effects on the employees"

Offering better terms to union locals while bargaining with the unions' national bargaining representative

In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.

Striking employee swerved in front of and blocked another employee's car; second employee threw egg

Holding that employees have a near-absolute right to wear union insignia in the absence of evidence relating to employee efficiency or plant discipline

Granting employees the right to engage in or refrain from engaging in union activity

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Providing special treatment for rejection of collective bargaining agreements