Southwestern Pipe, Inc.

21 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
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"
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
Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
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.
Joy Silk Mills v. National Labor Rel. Board
185 F.2d 732 (D.C. Cir. 1950) Cited 162 times 2 Legal Analyses
In Joy Silk the Court held that when an employer could have no doubt as to the majority status or when an employer refuses recognition of a union "due to a desire to gain time and to take action to dissipate the union's majority, the refusal is no longer justifiable and constitutes a violation of the duty to bargain set forth in section 8(a)(5) of the Act".
Local Un. No. 12, v. N.L.R.B
368 F.2d 12 (5th Cir. 1966) Cited 90 times
No. 22239. November 9, 1966. Clarence Rhea, Gadsden, Ala., Robert L. Carter, New York City, for petitioner. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Melvin J. Welles, Atty., N.L.R.B., Washington, D.C., for respondent. Before RIVES and THORNBERRY, Circuit Judges, and GARZA, District Judge. THORNBERRY, Circuit Judge. Petitioner, United Rubber, Cork, Linoleum Plastic Workers of America, AFL-CIO, Local Union No. 12 (hereinafter referred to as Local 12), initiated these proceedings to review
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
International Union of Electrical, Radio & Machine Workers v. Nat'l Labor Relations Bd.
289 F.2d 757 (D.C. Cir. 1960) Cited 43 times
No. 15384. Argued April 11, 1960. Decided June 30, 1960. Mr. Benjamin C. Sigal, Washington, D.C., with whom Mr. David S. Davidson, Washington, D.C., was on the brief, for petitioner. Miss Fannie M. Boyls, Atty., National Labor Relations Board, with whom Messrs. Dominick L. Manoli, Associate General Counsel, National Labor Relations Board, and Marcel Mallet-Prevost, Asst. Gen. Counsel, National Labor Relations Board, were on the brief, for respondent. Before PRETTYMAN, Chief Judge, and BAZELON and
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 29,126 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,317 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 157 - Right of employees as to organization, collective bargaining, etc.
29 U.S.C. § 157 Cited 3,303 times 97 Legal Analyses
Granting employees the right to engage in or refrain from engaging in union activity

Southwestern Pipe, Inc.

21 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 "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"

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

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

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.

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

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Granting employees a wage increase without bargaining with Local 355

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