The Dirt Digger, Inc.

10 Cited authorities

Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
Labor Bd. v. Washington Aluminum Co.
370 U.S. 9 (1962) Cited 206 times 3 Legal Analyses
Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections
Nat'l Labor Relations Bd. v. International Van Lines
409 U.S. 48 (1972) Cited 71 times
Holding that a statement that striking employees "are being permanently replaced" constituted an unlawful discharge when permanent replacements had not been hired
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
Abilities and Goodwill, Inc. v. N.L.R.B
612 F.2d 6 (1st Cir. 1979) Cited 22 times 1 Legal Analyses
Listing factors to be considered when determining whether concerted action is protected
Nat'l Labor Relations Bd. v. Edward G. Budd Mfg. Co.
169 F.2d 571 (6th Cir. 1948) Cited 46 times
In NLRB v. Budd Mfg. Co., 169 F.2d 571, 577 (6th Cir. 1945), cert. denied, 335 U.S. 905, 69 S.Ct. 411, 93 L.Ed. 441 (1949), the Sixth Circuit Court of Appeals specifically rejected the notion that the protection afforded by the National Labor Relations Act is a constitutional right.
N.L.R.B. v. Villa Avila
673 F.2d 281 (9th Cir. 1982) Cited 3 times
No. 81-7155. Argued and Submitted January 7, 1982. Decided March 29, 1982. Linda Dreeben, N.L.R.B., Washington, D.C., for petitioner; Kenneth B. Hipp, N.L.R.B., Washington, D.C., on brief. James Winkler, Venice, Cal., for respondents; Stephen D. Atkinson, Atkinson, Andleson, Loya, Rudd Romo, Long Beach, Cal., on brief. Appeal from an Order of the National Labor Relations Board. Before CHOY, GOODWIN and FARRIS, Circuit Judges. GOODWIN, Circuit Judge. The Board seeks enforcement of its cease and desist
N.L.R.B. v. W. C. McQuaide, Inc.
617 F.2d 349 (3d Cir. 1980) Cited 4 times
No. 79-1523. Argued February 6, 1980. Decided March 25, 1980. William R. Stewart, Deputy Asst. Gen. Counsel (argued), Lawrence J. Song, Atty., John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for petitioner. Stephen J. Cabot (argued), Kenneth M. Jarin, Pechner, Dorfman, Wolffe, Rounick Cabot, Philadelphia, pa., for respondent. Before HUNTER, VAN DUSEN and
Universal Insulation Corporation v. N.L.R.B
361 F.2d 406 (6th Cir. 1966) Cited 12 times
In Universal Insulation v. NLRB, 361 F.2d 406 (6th Cir. 1967), we held that under the special facts of that case one employer's attempt to withdraw from a multi-employer unit, after that unit had begun bargaining and had arrived at a contract with a union, was untimely.

The Dirt Digger, Inc.

10 Cited authorities

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

Holding that a statement that striking employees "are being permanently replaced" constituted an unlawful discharge when permanent replacements had not been hired

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

Listing factors to be considered when determining whether concerted action is protected

In NLRB v. Budd Mfg. Co., 169 F.2d 571, 577 (6th Cir. 1945), cert. denied, 335 U.S. 905, 69 S.Ct. 411, 93 L.Ed. 441 (1949), the Sixth Circuit Court of Appeals specifically rejected the notion that the protection afforded by the National Labor Relations Act is a constitutional right.

In Universal Insulation v. NLRB, 361 F.2d 406 (6th Cir. 1967), we held that under the special facts of that case one employer's attempt to withdraw from a multi-employer unit, after that unit had begun bargaining and had arrived at a contract with a union, was untimely.