The American National Red Cross, Great Lakes Blood Services Region and Mid-Michigan Chapter

43 Cited authorities

Litton Financial Printing Division v. Nat'l Labor Relations Bd.
501 U.S. 190 (1991) Cited 801 times 8 Legal Analyses
Holding that where a court must determine the validity of an arbitration agreement, it "cannot avoid that duty" just because the court must decide an issue on the merits
Chemical Workers v. Pittsburgh Glass
404 U.S. 157 (1971) Cited 632 times 7 Legal Analyses
Holding retirees are not "employees" within the bargaining unit
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 323 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Sanchez v. City of Santa Ana
502 U.S. 957 (1991) Cited 67 times
No. 91-338. November 12, 1991, October TERM, 1990. ORDER C.A. 9th Cir. Certiorari denied. Reported below: 936 F. 2d 1027.
Hyatt Corp. v. N.L.R.B
939 F.2d 361 (6th Cir. 1991) Cited 100 times
Upholding Section 8 violations, under Birch Run's general layoff theory, where three union supporters and nine other employees were discharged over a seven month period
N.L.R.B. v. U.S. Postal Service
8 F.3d 832 (D.C. Cir. 1993) Cited 51 times 12 Legal Analyses
Upholding postal service's exercise of contractual right to reduce employees' hours in response to budget reduction
Dayton Newspapers, Inc. v. N.L.R.B
402 F.3d 651 (6th Cir. 2005) Cited 24 times
Contrasting lawfully speeding up a long-planned operational change due to union activity, with unlawfully "suddenly decid[ing] to find a way to cut back ... to spite the Union"
Bath Marine v. N.L.R.B
475 F.3d 14 (1st Cir. 2007) Cited 20 times 5 Legal Analyses
Holding that a motion for reconsideration was not required to exhaust where the Board had "adequate notice" of the party's position
Conair Corp. v. N.L.R.B
721 F.2d 1355 (D.C. Cir. 1983) Cited 48 times
In Conair, the Board, in marked contrast to this case, had specifically found that no other remedy could "dissipate the lingering effects of [Conair's] massive and unrelenting coercive conduct" which "ha[d] foreclosed any possibility of holding a fair representation election."
Pleasantview Nursing Home, Inc. v. N.L.R.B
351 F.3d 747 (6th Cir. 2003) Cited 20 times 2 Legal Analyses
Holding that oral modification of a collective bargaining agreement was ineffective in the presence of "an express zipper clause prohibiting modification except by written agreement"

The American National Red Cross, Great Lakes Blood Services Region and Mid-Michigan Chapter

43 Cited authorities

Holding that where a court must determine the validity of an arbitration agreement, it "cannot avoid that duty" just because the court must decide an issue on the merits

Holding retirees are not "employees" within the bargaining unit

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Upholding Section 8 violations, under Birch Run's general layoff theory, where three union supporters and nine other employees were discharged over a seven month period

Upholding postal service's exercise of contractual right to reduce employees' hours in response to budget reduction

Contrasting lawfully speeding up a long-planned operational change due to union activity, with unlawfully "suddenly decid[ing] to find a way to cut back ... to spite the Union"

Holding that a motion for reconsideration was not required to exhaust where the Board had "adequate notice" of the party's position

In Conair, the Board, in marked contrast to this case, had specifically found that no other remedy could "dissipate the lingering effects of [Conair's] massive and unrelenting coercive conduct" which "ha[d] foreclosed any possibility of holding a fair representation election."

Holding that oral modification of a collective bargaining agreement was ineffective in the presence of "an express zipper clause prohibiting modification except by written agreement"