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SMI/DIVISION OF DCX-CHOL ENTERPRISES, INC.

365 NLRB No. 152 (N.L.R.B. 2017)
SMI/DIVISION OF DCX-CHOL ENTERPRISES, INC.

22 Cited authorities

  1. Nat'l Labor Relations Bd. v. Canning

    573 U.S. 513 (2014)   Cited 274 times   150 Legal Analyses
    Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”

  2. Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.

    482 U.S. 27 (1987)   Cited 369 times   12 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  3. Golden State Bottling Co. v. Nat'l Labor Relations Bd.

    414 U.S. 168 (1973)   Cited 497 times   20 Legal Analyses
    Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties

  4. Labor Board v. Katz

    369 U.S. 736 (1962)   Cited 710 times   29 Legal Analyses
    Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

  5. Nat'l Labor Relations Bd. v. Burns International Security Services, Inc.

    406 U.S. 272 (1972)   Cited 478 times   49 Legal Analyses
    Holding that a successor is not bound to substantive terms of previous collective bargaining agreement

  6. H. K. Porter Co. v. Nat'l Labor Relations Bd.

    397 U.S. 99 (1970)   Cited 222 times   2 Legal Analyses
    Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."

  7. Garment Workers v. Labor Board

    366 U.S. 731 (1961)   Cited 213 times   4 Legal Analyses
    Holding that a union cannot represent a group of employees for which it does not enjoy majority support

  8. Three J Farms, Inc. v. Plaintiffs' Steering Comm

    456 U.S. 936 (1982)   Cited 89 times
    Denying certiorari of Fifth Circuit ruling in In re Corrugated Container Antitrust Litigation, 659 F.2d 1332 (5th Cir. Unit A Oct. 1981) where injunction was upheld under "in aid of jurisdiction" exception and relitigation exception in an in personam case

  9. Nat'l Labor Relations Bd. v. Relco Locomotives, Inc.

    734 F.3d 764 (8th Cir. 2013)   Cited 95 times
    Holding that a challenge to the composition of the National Labor Relations Board under the Recess Appointments Clause was not jurisdictional and could be forfeited if not raised to the Board

  10. Vincent Industrial Plastics, Inc. v. Nat'l Labor Relations Bd.

    209 F.3d 727 (D.C. Cir. 2000)   Cited 44 times   3 Legal Analyses
    In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."