Sunol Valley Golf Club

24 Cited authorities

Bigelow v. RKO Radio Pictures, Inc.
327 U.S. 251 (1946) Cited 986 times 3 Legal Analyses
Holding that when the plaintiff cannot prove his damages by precise computation, the jury "may make a just and reasonable estimate of the damage based on relevant data, and render its verdict accordingly"
Belknap, Inc. v. Hale
463 U.S. 491 (1983) Cited 277 times
Holding that the NLRA does not preempt state law contract actions by replacement workers to enforce terms of an employment contract
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.
H.J. Heinz Co. v. Labor Board
311 U.S. 514 (1941) Cited 241 times 1 Legal Analyses
In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.
Wallace Corp. v. Labor Board
323 U.S. 248 (1944) Cited 162 times 1 Legal Analyses
Holding that corporation committed unfair labor practice
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
Capitol-Husting Co., Inc. v. N.L.R.B
671 F.2d 237 (7th Cir. 1982) Cited 50 times
Finding that the "Union acted reasonably in relying" on Capitol-Husting's offer to match financial package offered by rival company that the Union was also negotiating with, such that Capitol-Husting was acting in bad faith to claim that Union's failure to expressly accept this offer nullified its obligation to abide by the contract
Vulcan Hart Corp.
718 F.2d 269 (8th Cir. 1983) Cited 44 times
Holding “Rule 408 excludes evidence of settlement offers only if such evidence is offered to prove liability for or invalidity of the claim under negotiation”
N.L.R.B. v. Pacific Grinding Wheel Co., Inc.
572 F.2d 1343 (9th Cir. 1978) Cited 45 times
In Pacific Grinding Wheel, the court recognized that "Board disapproval of proposed terms," "a company's adamant insistence on strong pro-management terms," and "rejection by the employer of terms which were in a previous contract" are not sufficient in themselves to establish bad faith, but are factors which may be considered by the Board with other evidence, and that the "totality of the circumstances may justify a finding of failure to bargain in good faith."

Sunol Valley Golf Club

24 Cited authorities

Holding that when the plaintiff cannot prove his damages by precise computation, the jury "may make a just and reasonable estimate of the damage based on relevant data, and render its verdict accordingly"

Holding that the NLRA does not preempt state law contract actions by replacement workers to enforce terms of an employment contract

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.

In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.

Holding that corporation committed unfair labor practice

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

Holding “Rule 408 excludes evidence of settlement offers only if such evidence is offered to prove liability for or invalidity of the claim under negotiation”