§

Sysco Food Services of Cleveland

347 N.L.R.B. 1024 (N.L.R.B. 2006)
Sysco Food Services of Cleveland

16 Cited authorities

  1. 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"

  2. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 652 times   11 Legal Analyses
    Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

  3. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  4. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  5. Uforma/Shelby Business Forms, Inc. v. Nat'l Labor Relations Bd.

    111 F.3d 1284 (6th Cir. 1997)   Cited 93 times
    Holding that "Rule 408 does not exclude evidence of alleged threats to retaliate for protected activity when the statements occurred during negotiations focused on the protected activity and the evidence serves to prove liability either for making, or later acting upon, the threats" because the evidence was not introduced in order to prove the validity of the grievance which served as the subject of the negotiations

  6. Nat'l Labor Relations Bd. v. Joy Recovery Tech

    134 F.3d 1307 (7th Cir. 1998)   Cited 28 times
    Concluding that "[i]n this case, timing is everything," where "[t]he closing of the department comes on the heels of the union's organizational activity," including filing a petition for a representation election

  7. N.L.R.B. v. Dorothy Shamrock Coal Co.

    833 F.2d 1263 (7th Cir. 1987)   Cited 34 times
    Stating that "comments demonstrate a `manifest hostility' toward union activity . . . are relevant in determining the Company's motive for its conduct"

  8. FPC Holdings, Inc. v. Nat'l Labor Relations Bd.

    64 F.3d 935 (4th Cir. 1995)   Cited 23 times
    Holding that company's knowledge of employee's union involvement was properly inferred from the fact that the employees discussed a planned union meeting openly in the company's warehouse and over the company's CB radio at a time when the company was closely monitoring one of the employee's behavior

  9. Garvey Marine, Inc. v. N.L.R.B

    245 F.3d 819 (D.C. Cir. 2001)   Cited 7 times
    Upholding Board's decision to enforce bargaining order despite significant turnover among employees after order was issued

  10. Uniroyal Technology Corp. v. Nat'l Labor Relations Bd.

    151 F.3d 666 (7th Cir. 1998)   Cited 2 times
    Noting that union activist's “glowing performance reviews” and willingness to fill in on overtime shifts factored into the analysis of whether union activity was a motivating factor in discharge

  11. Section 185 - Suits by and against labor organizations

    29 U.S.C. § 185   Cited 14,713 times   14 Legal Analyses
    Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts

  12. 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

  13. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,402 times   49 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

  14. 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